Charles Dickens, Great Expectations

The text under consideration presents an excerpt from the novel â€Å"Great expectations† by Charles Dickens who is one of the world’s greatest novelists of the 19th century famous for his criticism of the bourgeois society of his time with its evils and contrasts of wealth and poverty, his unique mastery of character drawing and optimistic point of view concerning life and the world around him.The reader highly appreciates Dickens’s spirit of optimism, his love for common people and his strong belief in the final victory of good over evil as well as his humour which is to be found on every page and in characters and incidents of the greatest diversity. However, Dickens possesses a great dramatic instinct which can be proved by the following extract. On a stormy rainy night a young man named Pip is reading a book when a strange visitor interrupts him appearing unexpectedly.Pip lets him in wondering what has brought the man to his flat. While talking to him Pip su ddenly begins to recognize the guest whose strange behavior confuses the young man. The stranger turns out to be Pip’s mysterious benefactor whom he helped escape from pursuit when a child and this fact shocks Pip so much for he considers his present status to be his own achievement. The convict reveals secret after secret and does not conceal his pride of Pip’s being a real gentleman.The extract under consideration presents a piece of 1st person narration which proves to be more objective from the point of view of the novel protagonist with elements of colorful description and vivid portrayal intercepted with a dialog and flashbacks deepening the reader’s penetration into the character thoughts. The prevalent mood of the excerpt is gloomy, nervous and disturbing, full of anxiety and tension maintained by the weather behind the window of the Pip’s room with an air of approaching disaster.With every coming word the author creates the atmosphere of a lonely stormy evening that brings not only disaster but also renders the character’s thoughts, his state of mind and soul, his vague foreboding of radical but inevitable changes that are both captivating ad dramatic. With the tonality of the narration gradually shifting along the scale of intensiveness the text under analysis can be split into four logical parts and the following names can be suggested for each of them.The 1st part titled â€Å"An anticipatory fear† introduces the reader into the story and forms the background against which all the events take place. The 2nd one bears the name â€Å"The stranger in the room† acquainting the reader with the uninvited guest who is the embodiment of mystery and enigma. The 3d part of the excerpt called â€Å"The present meets the past† provides the reader with some new information concerning the protagonist’s early life and reasons his present behavior.The final part which presents the climax of the extract can be named â€Å"The revelation† answering the questions aroused in the previous parts. Let us consider each part of the text separately. The 1st part of the extract serves as introduction into a stormy and dark evening provoking the whole chain of mysterious and striking events happening to the protagonist of the novel Pip reading a book late at night in his small London flat at the top floor of the building.Every detail introduced by the author is called upon enhancing the gloominess of the atmosphere and preparing the reader for the events forthcoming. To intensify the wretchedness of the weather of the weather the writer resorts to the whole palette of stylistic devices – numerous repetitions (â€Å"stormy and wet, stormy and wet†, â€Å"mud, mud, mud†) to form the background against the events take place and gradually draw the reader into the story who comes across another SD – polysyndeton (and†¦ and†¦ and) that is another type o f repetition which intensifies the increasing strain and growing nervousness.Apart from that Dickens metaphorically compares the clouds with a heavy veil which being vast, heavy and all-embracing covers the whole city reinforcing the image of inevitable disaster by means of hyperbole (an eternity of cloud and wind, the worst day of all) lending an additional expressiveness to the narration. The wind is personified by the author and likened to a terrible monster, primeval beast which deals death and destruction and demolishes everything in its way (violent blasts, rages of the wind, the wind assails and tears the sound) in order to emphasize the implied feeling of the ramatic events coming. The lexical expressive means are strengthen by definite syntactic structures used by Dickens to contribute to a more colorful and probable presentation of the scene. The expressive intensive sentence â€Å"So furious had been the gusts† brings additional vividness and luster to the descript ion is accompanied by a SD of detachment which primary function is to add significance to the part of the sentence manifesting itself in the following phrase: and gloomy accounts had come in from the coast, of shipwreck and death.The time is flowing carrying away the last moments of Pip’s peaceful reading and the final one is burned out by the Saint Paul’s and all the many church-clocks striking. In this paragraph the author’s godsend is the use of SD of onomatopoeia (the sound of the clocks striking – leading, accompanying, following) that perfectly presents the idea of the clock chime as a sign of approaching danger or disaster.The parallel construction of this sentence is backed up by anaphora accentuating the temporary state of affairs (some†¦ some†¦ some). The SD of parallelism is also used by the author in the next phrase â€Å"The sound was curiously flowed by the wind and I was listening and thinking† which is gradually bringing t he reader to the 2nd part of the excerpt â€Å"The stranger in the room† further intensifying the tense atmosphere of the 1st one.Gloomy prophesies turns out to be true – the strange uninvited guest is coming up the stairs to intrude into Pip’s apartment and Pip’s life. Dickens masterfully resorts to the SD of metonymy to maintain the air of mystery and growing suspense – Pip hears a footstep, not a man (I heard a footstep on the stair, the footstep stumbled), talks to a voice that seems to be the echo of his own words (There is nothing the reflected by matter? Nothing the matter†¦) presented by anadiplosis, sees a face – larding the image of the stranger with a special choice of words including epithets rendering not only the character’s thoughts but also enhancing the general sense of anxiety the whole extract is permeated with (nervous folly, awfully connected, dead sister, blown out lights, incomprehensible air, mere instant, the darkness beneath, a shaded lamp etc. ).The author has a firm grip on reader’s interest inserting an indefinite pronoun â€Å"whoever† which precedes the actual description of the night visitor built by the author with the help of antithesis (he was substantially dressed, but roughly), simile (like a voyager by the sea and tha abundant use of various epithets (muscular man, strong on his legs, large brown venous hands, browned, hardened). His hair is metaphorically called iron-grey, and judging by his appearance one might say that this person is used to hard work.The paragraph is practically built on parallel constructions backed up by anaphoric repetition (that†¦ that) to make the description of the stranger more expressive. Pip gets involved in the conversation with his visitor and we cannot but notice that these principle characters are opposed to each other at different levels and in different ways – both in speech and their attitude towards each ot her.All kinds of deviations from standard English – phonetic (arter, fur). Grammatical (you’ve grow’d up, I have never forgot it, you was a saying, wot) and lexical (nigh, alonger) are typical for Pip’s guest speech as contrasted to Pip’s highly educated phraseology that forms the huge gap between these two people that at first sight seems to be insuperable.Besides with the dialog intercepted the reader should pay the closest attention to the politeness the visitor addresses with to Pip (by your live, Master) and Pip’s inhospitable answers and nervous reactions finding their expression in such words as â€Å"resent the recognition of brightness, unwilling, ask as civilly as he can† revealing his inner shapeless fears and temporary mental state.One must feel the constant intention of the stranger to reach to Pip, to express joy caused by the sight of him (bright and gratified recognition that shone in his face), holds out both his hand s to Pip – the phrase which runs like a refrain through the whole text merging its parts to a single whole and totally enjoys the view of Pip’s flat â€Å"looking about him as if he had some part in the things he admired†.Ascribing some positive intentions to the strange visitor on the one hand the author intensifies Pip’s negative attitude towards him on the other, laying an emphasis on the fact that Pip suspects the stranger to be mad, recoils from him talking to the interlocutor even in somewhat humiliating way (Why do you, a strange coming into my rooms at this time of the night, ask that question? ) when the first hint at disappointment of the night visitor gradually realizing him being an uninvited guest appears expressed by the epithets (his coarse broken voice) and his moment hesitation presented by epiphoric repetition (I’ll speak in half a minute.Give me half a minute, please) although his strong believe in Pip and his admiration remain u nshakable. The atmosphere of growing suspense and tension maintained in the previous part bursts into a well-considered moment of recognition causing a tsunami of thoughts and feelings that threatens to devour the principle character. Pip’s night guest turns out to be the convict he helped escape from pursuit long time ago – and now this man so suddenly and unscrupulously interferes with Pip’s life.In order the reader forms a clear view of the situation, the author gives a flashback into the past events proceeding the present ones with a perfect use of causative-consecutive ties and connections. It is necessary to point out that repetition takes various forms in this paragraph. By means of anaphoric reiteration (For I knew him, but I new him, I knew him now! ) the writer sets an unmistakable rhyme reinforcing with every beat of Pip’s heart his feeling of realization and anxiety that is immediately communicated to the reader.No need to take a file, no need to take the handkerchief, no need to hug himself – there is something sinister about the fact that the phrase â€Å"no need to† is repeated so many times that the reader may find disturbing. As always when a repetition takes place, it results in a parallel arrangement of constructions (had driven away, had scattered, had swept us to the churchyard) which is meant to accentuate certain significant details of the past horrible for Pip.The constant use of the verb â€Å"to know† which is definitely a key word of the paragraph deserves special attention, as it is employed so as to emphasize the very fact of recognition. Moreover, the author resorts to a special choice of words aimed at lending an additional expressiveness to the moment described to produce the greatest possible effect achieved by the smallest possible means: to detect, to recall, feature, recognition, identity, suspect, consciousness, distinctly etc.The dramatic opposition of the characters previou sly introduced by Dickens finds its further development in the course of narration when being under the influence of moment hesitation Pip finally gives his hands to the convict – reluctantly – who grasps them heartily, and kisses them, and holds them which forms a kind of antithesis in the attitude of the personages towards each other. While the convict interprets Pip’s unconscious resignation as a good sign even going to embrace him, the protagonist overcomes his shock and astonishment to keep the distance (I aid a hand upon his breast and put him away) raising his voice in a fit of anger and in his desperate desire to be as far from this man as possible. The author favors reiterations in great abundance expressing one and the same idea from different angles to reveal Pip’s hesitation, lack of self-confidence with the help of root repetition (grateful, gratitude, to thank, to be thanked), anaphora (I am glad, I am glad) and chiasmus (I deserve to be tha nked, you have come to thank me).As the author puts it Pip loses his self-possession not knowing what to do and the SD of aposiopesis (But surely you must understand – I†¦) is an excellent proof of it. The last phrase of the sentence bringing up the paragraph may be regarded as a logical summing up of what was previously said presenting the reader with a magnificent metaphor â€Å"the words died away on my tongue† proving to be an apotheosis of Pip’s temporary state of numbness and shock.While analyzing the text we must take into account the fact that both characters are presented in evolution – but each of them in his own unique way. At the beginning of the excerpt Pip is self-confident, self-reliant, a bit arrogant considering himself to be a master of the situation although this state does not last long. Pip tries to keep at the same level of formality but he is confused, nervous, anxious. Pip recognizes him but he’s unwilling to renew the chance intercourse with him (But our ways are different ways).In the course of narration he suffers lack of words and numbness while concerning the convict Dickens makes a well-thought-out swift in the mood of the personage shifting from friendly tone to somewhat ironic and self-assured one. The convict also repeats himself but deliberately as it produces quite a different, even opposite impression on the reader – his speech is now imbued with bitter disappointment and irony seems to be a perfect tool for its expression.Apart from this he tries to sound poetic (many a thousand mile of stormy water, since you and me was out on them lone shivering marshes) and all the dialect and uneducated features of his speech prominent not only in phonetics, but also in vocabulary and syntax cannot prevent the reader from perception of his romantic nature. In the stream of consciousness Pip turns off to his past again remembering some significant details about his acquaintance with the conv ict.Dickens resorts to anaphora (I was a poor boy, and to a poor boy they) to lay a special stress on the fact mentioned intensifying it with oxymoron (they were a little fortune) to lend probability and additional expressiveness to the description of Pip’s joyless childhood full of hardship and privation. The fact that the convict gave some money to Pip finds its reflection in the present when Pip is trying to repay to him to split all the bonds between them and get rid of the feeling of obligation. The protagonist’s actions insult the convict who does not care of money, burning them down.It is necessary to point out that Pip’s actions are connected polysyndetically to indicate Pip’s hurriedness and nervousness whereas the convict’s actions are joined asyndetically displaying perfectly his self-reliance. The contradictions of the convict’s manifest themselves in the recurring SD of chiasmus (with a smile that was like a frown, and with a fr own that was like a smile) employed by the author confuse Pip even more when the night guest puts a question truing to sound greatly and deeply ironically – May I make so bold as ask you how you have done well? laying a special stress on â€Å"how† which is italicized. The question influences Pip in a strange and frightening way and the author reinforces his hidden fears using the emphatic it-structure in the following sentence – It was only now I began to tremble – in order to mark the moment when Pip’s numbness is ready to set him free giving way to much wilder feelings and emotions. To impart to the paragraph its own stylistic value Dickens resorts to the SD of metonymy (lips had parted and shaped some words that were without sound) to deepen Pip’s hesitation and feeling of uncertainty.The question is piled on the question while the convict deliberately disparages himself (a mere warmint) to let Pip feel in full measure, keenly, acutely t he convict’s ironic attitude towards him as a naive boy who thanks his lucky stars having no slightest idea of his real benefactor. Along with the epithet â€Å"wildly† the author make use of a colorful simile – with my heart beating like a heavy hammer of disorder action – and the SD of suspension (as to the first figure now.Five? As to the 1st letter of this layer’s name, now. Would it be J? ) to introduce the reader into the final part of the extract under consideration containing the denouement of the whole text. The final part of the text presents the climax of the excerpt with Pip’s state of shock being underlined in a number of ways and exaggerated. The author’s chief weapon is hyperbole. The abundant use of hyperbolic plural orms (disappointments, dangers, disgraces, consequences) blended with metaphoric (all the truth of my position came flashing on me, rushed in in such multitude) and some other hyperbolic expressions (I was borne down, had to struggle for every breath, could not have spoken one word though it had been to save my life, suffocating) give the reader a vivid sense of revelation befallen Pip who is about to faint which is proved metaphorically by the author (the room began to surge and turn) as well as metonymically (bringing the face that I now well remembered).The final part is based on the SD of suspense which makes the idea of revelation more prominent and surely holds the reader’s attention till the very last word. The use of emphatic it-construction (It’s me wot has done it! ) deepens the reader’s understanding of it. The last paragraph is practically built up on parallel constructions backed up by anaphoric repetitions (as ever I earned a guinea, that guinea should go to you, as ever spec’lated and got rich, you should get rich) and the SD of antithesis (I lived rough, that you should live smooth, I worked hard that you should be above work).Rhetorical qu estions that do not need any answers but stimulate some meditations upon the real state of affairs strengthen the crash of all Pip’s great expectations. Disparaging himself deliberately the convict desires to sacrifice a lot for Pip’s sake that emphasizes his magnanimity and Pip’s pettiness. The young man’s happiness is the only compensation he needs and exclaiming – I could make a gentleman – and, Pip, you are him! – he sounds proud and satisfied with what he has done.In his novel Dickens touches upon some burning issues of his time in a life story of a young man whose being poor and lonely gets a chance to change all his life with the help of money and the power they give abandoning his friends and family, almost betraying the only people who ever loved him. With an ironic and satiric touch the author uncrowns all the great expectations of the young man who is subject to go through disappointments of his adult life much harder to ov ercome than childhood ones. For me the great value of the extract consists in my desire to read the whole story appeared while analyzing this text.To tell you the truth I’ve experienced some controversially feelings reading this passage trying to understand it completely and utterly. As they say good deeds are those you are not telling of so no matter how proud you are of your success and your achievements concerning some other person’s destiny you should not come to him to point out the connection between your actions and his fortune in order to avoid the annoying feeling of obligation, especially in case you do not know this person well enough to make him feel obliged.From my personal experience I cannot but say that friends and family will realize themselves whether they should thank you or not, as regards some other people you’ve ever secretly helped – sometimes it’s even a pleasure to watch them coping with their lives knowing that you’ ve taken part in their success but keeping it to yourself to enjoy privately. Good deeds will be rewarded in any case – no need to force people thanking you or this gratitude will bring no good.

Rosetta Stone

Ensure your computer is NOT hooked to the internet. If you have PowerISO, or a similar utility, skip to step 3 Step 1 -Install Power ISO Step 2 -Run Power ISO and click to continue unregistered. -Choose the large icon â€Å"mount† >> â€Å"set Number of drives† >> â€Å"1 drives† Step 3 -Mount: â€Å"The Rosetta Stone Version 3. 0. 35† Step 4 -Navigate to My Computer if The Rosetta Stone does not automatically load -Double Click on â€Å"RS_App† -Follow Install Instruction -Launch â€Å"Rosetta Stone V3† -DO NOT Check for updates -Quit Rosetta StoneStep 5 -Delete a file called tracking. db3 -Location: For XP users -> C: >> Document and Settings >> All Users >> Application Data For Vista Users -> C: >> Program Data >> The Rosetta Stone -If any of these folders are hidden in Vista, choose: organize >> folder and Search options >> view >> show hidden files and folders -If any of t hese folders are hidden in XP, right click where the missing folder is and choose: folder options >> view >> show hidden files and folders Step 6 -Run Rosetta Stone -DO NOT Check for updates -Quit Rosetta StoneStep 7 -Install The Rosetta Stone Version 3. 0. 57 (Update 1) – -Follow installation instructions -DO NOT update Step 8 -Install The Rosetta Stone Version 3. 2. 11 (Update 2) -Follow installation instructions -DO NOT update Step 9 -Right Click on The Rosetta Stone Version 3. 2. 11 Patch -choose â€Å"copy† -paste in the Rosetta Stone Directory at C:Program FilesRosetta StoneRosetta Stone V3 -double click on The Rosetta Stone Version 3. 2. 11 Patch -A pop up will appear and say: â€Å"Activation area replaced with â€Å"minor error†Ã¢â‚¬ ¦ Click ‘OK' enjoy :)† -click on â€Å"Patch† Step10 Install Laguage Files by: -Run The Rosetta Stone choose: install Language -navigate to the Rosetta Stone Content Folder -right click on th e first language to be installed >> â€Å"Power ISO† >> â€Å"mount image to Drive []† -click â€Å"ok† at the Rosetta Stone Istallation screen -follow Rosetta Stone installation Instrutions -at completion, choose â€Å"continue† -choose DO NOT UPDATE -choose NEVER when prompted to register the software -click â€Å"OK† when an 2002 error pops up Step 11 -Install further language files by following the procedures in step 10 after selecting to install another language A Reminder: NEVER NEVER NEVER Update this software for any reason. Enjoy! qwerqwefqwerq

Business game Essay

Reflection on Personal Performance in Business Strategy Game Business strategy games involving management process before confirming the decision to be made. Lesson learned taken from the business game, from the process and the content from the case (industry and situation & condition of the business). Management Process Planning was the first process taken. Reading and understanding the relevant information was necessary and plays a significant role in planning process. Expectation was established in the planning, and followed stepping process until all aspects have been determined, including all distinctiveness in production (capacity, model, etc. ), transportation (shipping), labor, etc. Planning is critical, and it was indicated in the business strategy games, in which it required quite some time to achieve an agreement. Time was also a factor should be considered, and it drove the discussion on the planning to obtain the agreement. Organizing was also needed in the game to obtain optimal process. One opinion was listened and it organized the discussion and the direction of the process toward certain strategy. Other opinion was taking in to consideration, whether support or as devil advocacy to the strategy. The process also managed by organizing the flow of discussion to center on the strategy with already decided to be focused on. One person plays role as organizer at one time became a source person or follower in the other time. This approach of organizing made the progress of the discussion in the one focal point that describes the strategy taken which leads to the decision. When a member played the role as organizer, then the member did directing the process and content according to the chosen strategy, and also can happened that the strategy can be changed according to the expected result and considering assumption of strategy of the competitors. Some times in the process, one or more member can have their drive going down. In this situation other member did motivated the team to keep up the winning spirit. Controlling was also involved in the process, by focus on one thing and sacrifices in other thing, align with the strategy. These four processes of management were implemented in the process of gaining the final decision and in determining the content to be made (such as production/manufacturing, shipping, labor, price, etc. ), in which the final decision was made by consensus. The experience in the game gives the learning point in practicing of implementing management process, planning, organizing, directing, and controlling. Within a given time, group should be able to do planning (including crafting the strategy, and establish the goal), organizing the process (including agreed on the road map of the process, listening and expressing opinion, and adjusting to the characteristics of the group), directing (including do and accept direction, motivating others, make or initiate decision), and controlling (to be aligned with strategy). Management Functions Strategy plays a critical role in the process, and aim to make the company have differentiation that creates competitive edge compare with the competitors. Decisions are determined align with the chosen strategy. Strategy such as increasing market share and or increasing price to obtain more profit, and or have a low cost production by moving the manufacturing to the low cost location, and or lowering the labor cost, and or increasing the quality of the product, etc. , were became the issues discussed during the process. Any decision made in the process should be linked to the strategy and eventually to the expected result (goal). Marketing management initiatives plays important role in the process. Attention was put in the advertising or promotion program. The decision on the initiatives was made in relation with other initiatives, and initiative should be congruence to be able to reach expected impact. Operations management was also applied, in order to have efficient and low cost production, to be able to lower the price, or put emphasizing in better quality of product and therefore adjust the price to a higher number. Having different locations of manufacturing was also part of consideration in operation management, including the days needed for shipping, and inventory level. Financial management was critical. At the end of the day, the success of the strategy, whether the plan was achieved of not, was determined by facts and figures which was analyzed and interpreted in terms of financial. The situation or condition of the company was considering of profitable, safe or potentially bankrupt, and whether the strategy was effective or not was determined from numbers including financial ratios. Production plan and realization, exchange rate, labor cost, product sold or unsold, inventory level, price, etc. were contributed to the financial condition, and will be analyzed further for determining next strategy (for next run). Human Resource was also had major role in the decision process. Number of labor involved, salary and incentives, were several factors considered in human resource function. During the discussion it was also considered incentive factors as the factor that can boost the motivation of the employees, in which can increase the productivity and eventually proportionally can lower the cost. Experience in the business games told that the management functions will be more effective if it was take into consideration in integrated way. The strategy made was comprise of many functions of management, Working in Teams Team work was a factor that can smooth the progress of the practice toward a productive way. At one time one member took the role as leader, and expressed the idea or opinion which regarded as reference that was supported or argued by other members. The leader than guide or direct the process toward obtaining acceptable or best solution. Other member played role as follower, tried to understand point of view of the leader, and gave opinion to enrich the information for having the decision. In one process it can happened that the role of leader was switch from one member to another member, and lead the discussion toward the decision. Working in team in the business games demonstrated by listening to other opinions or ideas and, gave contribution to the group by doing analysis and expressing constructive argument and idea or opinion to the group. In the process of making group decision, group tried to obtain consensus, with all group members support the decision. Experience and Lesson Taken to Working Place In leading unit in the working place, it is important to have clear goals for the unit, which are determined in the process of performance planning that usually take place at the beginning of the year. The goals comprises of organization (unit) objective, and individual objective which should be clear and measurable (refer to SMART Goals principle) and cascaded from top to bottom, means that the goals are aligned from executive or manager position to staff position. Having a clear goals or expectations will make all employees within the unit know exactly what are expected to be achieved and will make the monitoring of performance become more effective, and eventually it will make the evaluation of the achievement more effective. Leader should be able to define the goals, which reflected what the unit wants to be, particularly for the respective year. For the unit, strategy than decided to define what is the best way to achieve the goals or answering how to get there. Leader should be able to determine the strategy, which should consider of having different way of doing rather than just following the same thing. Strategy should have put into consideration opportunities and obstacles that can potentially will be faced along the year. For the unit performance, flow of work, service level agreement, number of employee, training and development program that will have impact to the quality of work, compensation practice, etc. should be considered in order to have effective strategy. Every people in the organization have potential, and leader should put effort to unleash the potential of the individual and support them to perform in their work. Many initiatives of improvement or programs come from the people in the unit that can give positive impact to the unit. Motivation is needed to keep the work spirit not fall to the lower level. Leader should do coaching to ensure people in the unit understand and on track, make sure that people move to the same direction with same strategy. Every function of management can be implemented to achieve optimum result. Managing the operation implemented to ensure effectiveness and efficiency of work. Human resource management will help in ensuring what unit do are align with the business. Financial management can be implement whether in business or support function, for instance to measure Return on Investment of certain initiatives. As member of management team, we should contribute in a positive way by giving opinion and ideas, or doing what has been decided productively. Discussion should be conducted in conducive way, listen what other people say and express opinion to reach to the decision. When decision has been made, member should follow and committed to perform the decision in effectively. Success of the unit is also determined by the competency, performance, and contribution of the members. To have an optimum result, member should be able to look the purpose as unit purpose not individual purpose. This principle can create synergy between members in the team and can contribute more to the performance of the team. The business strategy games provide inspiration that can be applied in the working situation. Having competitors that can affect the result of one group convey the message that in establishing standard, one unit should not look into inside factors, but should also consider outside factors. The capability of the unit can be seen differently and will lead to different goals and strategy. Strategy can be different if the external condition is supportive and indicates opportunity and will be different if the external conditions are not accommodating. Macro and micro analysis can be conducted to have a more comprehensive analysis for obtaining effective and right decision. Read more: http://www. ukessays. com/essays/business/reflection-on-personal-performance-in-business-strategy-game-business-essay. php#ixzz2leirR8KT BUSINESS SIMULATION GAMES INDIVIDUAL REFLECTION PAPER On 10 November 2010 afternoon, Our Can group get a chance to get the materials business simulation games, the first time we were a little confused and not understand what the content and intent or purpose of this program. Until then we get the opportunity to play an active role play in the game by forming a company in our Group Can. Listen Read phonetically Dictionary – View detailed dictionary I am a member of cans group discussion – 3, in this business game, we manage the company named â€Å"CHAMP†. We chose the name â€Å"CHAMP† for our company becouse we hopes that companies will become a leader or a winner in this Business Simulation Game. Growth of our company in this game very interesting and gave many valuable lessons. Our company was ranked second on the game in first year, after making changes in the manufacturing and marketing strategy; we became the first winner in the game in the second year. In the third year we make changes in the shipping, manufacturing also marketing strategy again to maintain its position as champion, but in the fact that our ranking dropped to be number 3. In the fourth year we wanted to get back into champions. We did totally change the strategy in all sections and mainly to increase product awareness, we contracted with many famous artists paid a high price for promotion. But the results we slumped to the lowest ranking (sixth). This surprised us and made us confused to find out where our biggest mistakes in managing the company. Listen Read phonetically Dictionary – View detailed dictionary noun camp compound Did not want to continue to decline, in the fifth year we try to flash back to learn the success stories in the first and second year, besides that we also study the company’s strategy of competitors, then we create a new strategy and the results we were able to ride into fourth place. In the sixth year we try to make small changes to strategy in several sections and the results we rose again to number three. In the seventh year we do not make changes to our strategy and stay at rank 3. After doing business game above, there are many valuable lessons that I get. Those lessons were: About Management Process (Planning, Organizing, Directing, Controlling) In managing a company as a manager or owner of a business we must have: a. Planing ? Both long-term planning and short term, this really helps us to determine the strategy or action we should do in the near future or the preparation for long-term corporate strategy. b. Organization ? Complete, clear and transparent as one of the supporters because of the company’s â€Å"people are assets of a company†, the placement of people with appropriate knowledge and skills that will facilitate the acceleration of the process as well as the operations of a company. It also must be supported by a clear Job Description and detail-enter the respective functions of the organization. c. Directing ? In the governance of a company also must be supported by rules or standard operating systems or procedures are clear and understood by all line employees. we often call with company regulations, standard operating procedures etc. d. Controlling ? As a manager or owner in a company we still have to implement controls on employee performance, corporate governance, corporate operating costs and market conditions that support the smooth and that we manage the company’s growth periodically. We can also be done with checking Monthly Report / Balance Sheet , hold on monthly meetings, etc. Listen Read phonetically Dictionary – View detailed dictionary adjective inside deep indoor internal interior profound inland intrinsic cavernous thoughtful three-dimensional adverb deeply sound preposition in within on to inside under in the course of prefix endo- 2. About Management Function (Strategy, Marketing, Operations, Finance, Human Resources, etc. ) Strategy ? Corporate strategy should be set appropriately by considering several factors, including supporters of human capital, finance, market share and also that there are competitors in the same type of business with our company. In the governance of a business may take a few strategies such as for launching a new product needs some backup strategy, it is necessary whenever the initial strategy does not show results in maximum then we still have some alternative backup strategy, so it does not require a long time to take any action appropriate in market penetration. Marketing ? According to my opinion, the success rate of a company also backed with the full functionality of the marketing is true both in the company engaged in the services or products etc. Capable marketing, product master, around the existing market and marketing must knowing the strengths and weaknesses of competitors. Listen Operations ? Operational support from both system and service level aggrement factor in a process of corporate governance is very important. It also needs to be supported with the latest technology. Listen Read phonetically Dictionary – View detailed dictionary verb hold conduct make organize provide establish arrange carry out throw take set up call launch institute stage put on bring about impose carry on incur exercise levy open put up effect float lay on negotiate afford touch off operate stage-manage generate phrase bring into being Finance ? A company can be said in good condition when to generate maximum profit. As a manager or the owners of a company we should be able to manage our capital versus operating costs required, the greater the profit earned by production costs that are not too large will show the healthy of a business. However, we also must consider the placement of funds and financial governance of our company, whether already in accordance with the budgeting or is not appropriate. In terms of business expansion or major factor that should we consider is the condition of our corporate finance, whether supportive or not, when lack of support but the potential or opportunities that we have a large, one financial source of our business is on loan from the Bank with a source of return and specific timeframe. Human Resources ? In addition to the above factors one important thing to note is that inadequate human resources that are reliable and have the skills to suit the needs of the company. A competent leader should be able to determine the amount of labor requirements and can put the right people-enter the respective divisions within an organization. 3. About Working In Teams To work as a reliable teamwork are some things we have to consider include: Get familiar with either all members of the team, it is useful to the division of tasks and towards solving problems that arise. We must be willing to hear opinions of all members of the team in making changes in strategy or action for operasinal company. Explore more information and opinion that reliable and resonable with the case or problem that we should solving as a good team work, eq. Browsing some data from internet or from any sourches. Putting the right people on the job or responsibilities in accordance with the characteristics of our team members are. Based on the experiences and lessons I got from the business game I have done, I plan to apply some advantages in my workplace. As the leader of my unit : A leader should have strong leadership and enough skills to manage the organization and the company. Planning, directing (also mentoring or choaching program) and controlling periodicly to all of my sub ordinate. Delegate some responsibilities to the deputy business with a fixed control function properly . Sharing knowledge to all sub-ordinate, sub-branch manager and exploring new knowledge, new technology and strategy for the success of Bank Mega Cluster Balikpapan Special Hire employee from another Bank (Manager or Marketing) to help me manage the company and make the vision 1000 of Bank Mega become reality (become the leader bank in Balikpapan – East Kalimantan Indonesia) As a member of my management team : Being more creative, proactive and always have new ideas to supporting the management team More details in targeting business opportunities and increase market share. Establishing a reliable team work with 2-way communication is effective and still value the opinions of other members of management team Read more: http://www. ukessays. com/essays/business/business-simulation-games-individual-reflection-paper-business-essay. php#ixzz2lej5YvdS REFLECTION PAPER – THE BUSINESS STRATEGY GAME About Management Processes From the Business Strategy Game, I learned that first important process for a company to determine its future business path was to set a strategic and realistic planning about what is the company goal, how long the goal will be achieved and how to achieve the goal among the competition. In setting the plan, company should define first what is their mission statement or strategic vision. This mission statement is a statement which indicates the purposes and activities of the company’s business/goals in brief, clear and focus words. Along with mission statement, company must clearly define its objectives quantitatively within certain period. From these quantitative objectives, company could set a realistic and attainable long term strategic planning to allocate budget and resources in the company. In strategic planning, company should define clearly its target market, financial objective and competitive position among the industry. This strategic planning will be the direction of the company in running its business. After setting the strategic planning, company should design an organization structure to manage the company effectively, by designating persons who will in charge in each roles and held responsibility in each area of the business in the company (marketing, finance, operation, sales and so on), especially the person who will be responsible as the leader of the company (as CEO). The role of CEO is very essential because he/she must lead company to the right direction in implementing company strategy to achieve company’s objectives. From the clear and effective organization structure, CEO and management will have clear legitimation and authority in directing all resources in the company to implement the company’s strategy. Finally, the company should closely and intensively controlling and monitoring the performance of the strategy during implementation to assess its progress against the pre-defined targets and ensure that all the company elements were doing their parts and responsibility in the right track. About Management Functions In a company, management should establish the right and important functions which will run the company operational activities, define what are the responsibilities of each functions and ensure that each functions performed in accordance with the company objectives. In order to give more value to the company in terms of profitability, management should work together to set a strategy in making company’s output (product or services) more competitive in the market by considering all aspects involved. As an example, to gain more profitability company could set pricing strategy to be higher or lower compare to market but before decided the price, company should consider other aspects such as costs, quality and resources needed in creation of the product or services. About Working in Teams In working as a team member in the company, it is very important to determine a clear designation about who will act as the leader and the follower. Because if there’s no clear designation, potentially will cause the resources in the company to move to the wrong direction and this will destruct company effort in achieving its objectives. As a leader, a person should show the ability to manage and to coach the entire team member to do their tasks properly, and he/she should has willingness to listen and appreciation to his/her followers insights at the same time. And as a follower, one should give respect to the leader and obey the leader decisions. But it is important too for the company to define what is the follower assignment and designation, because if it is not clearly defined, the follower couldn’t perform nor contributed optimally in attaining company’s objective process. What I plan to do in my work place from the experience and lessons I took from the BSG are : As the leader of my unit I will put more effort to be an effective and efficient leader of my unit and will put more awareness to all my team member that our jobs especially in designing the most efficient operational work flow in my company has essential impact in saving the company budget and optimizing company resources which will contributed in achieving the company’s objective especially in financial aspect and giving more value to the customer and shareholder. And furthermore I will spend more time and effort to evaluate designation and job description for each member of my team, to put the right person to the right job and responsibility. If the designation and job description were not fit or not clear to the team member, it will impact to the performance of the working unit itself because each team member do not know exactly what is their role in their working unit. As a member of my management team I will put more consideration and attention about financial impact of any decision that my management made. From the BSG, I see that all activities in each working unit must be contributed and affected to the company strategic planning especially in achieving financial goals. And I will put more respect to any member and any decision of my management team made, even though sometimes the decision seems to be hard to be implement, I will try to see it from wider perspective that the decision must be made deliberately and considered many important aspects which ending is to give more value for the company.

India Essay Example | Topics and Well Written Essays - 1250 words

India - Essay Example Stretching back in an unbroken sweep over 5000 years, India's culture has been enriched by successive waves of migration which were absorbed into the Indian way of life. Its physical, religious and racial variety is as immense as its linguistic diversity. This diversity stems from the uniqueness of our vastly complex society is the end product of the eagerness of our ancestors to learn more and live better. Our values are an intricate infusion of principles from outsiders – be they traders, explorers or even colonists. Underneath this diversity lies the continuity of Indian civilization and social structure from the very earliest times until the present day. Modern India presents a picture of unity in diversity to which history provides no parallel. Ruben and Stewart opine that the psychological effects of â€Å"rapid social change† partially refers to the change in the rekation of feeling and lack of clarityabout what the rule actually is, owing to conflicts and contra dictions between contending rules and between rules and feelings. Religion: In India, religion is a way of life. It is an integral part of the entire Indian tradition. For the majority of Indians, religion permeates every aspect of life, from common-place daily chores to education and politics. Secular India is home to Hinduism, Islam, Christianity, Buddhism, Jainism, Sikhism and other innumerable religious traditions. Each has its own pilgrimage sites, heroes, legends and even culinary specialties, mingling in a unique diversity that is the very pulse of society. Hinduism is the dominant faith, practiced by over 80% of the population. Each faith- in family and marketplace, brings with it different implications for emotional management. Each is also under guided by the mistaken assumption that family and markets are separate cultural spheres (Hoschild). Language: India's official language is Hindi in the Devnagri script. However, English is the major language of trade and politics, but there are fourteen official languages in all. There are twenty-four languages that are spoken by a million people or more, and countless other dialects. India has seven major religions and many minor ones, six main ethnic groups, and countless holidays. Some Indian languages have evolved from the Indo-European group of languages and these were the languages of the Aryans who invaded India. This set is known as the Indic group of languages. The other set of languages are Dravidian and are native to South India, though a distinct influence of Sanskrit and Hindi is evident in these languages. Attire: one of the powerful attractions in India is the colorful and diversified attire of its people. The silk saris, brightly mirrored cholis, colorful lehangas and the traditional salwar-kameez have fascinated many a outsider over the centuries. The sari is a supremely graceful attire can also be worn in several ways and its manner of wearing as well as its color and texture are indicative of the status, age, occupation, region and religion of a woman. Though the majority of Indian women wear traditional costumes, the men in India can be found in more

Contemporary Modern Art Essay Example | Topics and Well Written Essays - 6250 words

Contemporary Modern Art - Essay Example The essay "Contemporary Modern Art" discovers the modern art. New York is a city of museums, a sight that can be most overwhelming at the best of times. MoMA, the museum of modern art is among the very best of modern museums in the world today. Started in the 1920s by visionaries like John Rockefeller, New York became the hub of the modern art world when the Nazis were taking control of Europe. Initially, MoMA promoted the works of modern artists like Pollock, Warhol, and Arbus, but with time, the museum has grown and has a collection of over 150,000 paintings, sculptures, and photographs. The museum continues to expand even today. The museum has an outstanding collection of photographs from artists of the eras gone by and contemporary. Some of the best photographs can be seen here, including some brilliant portraits by Diane Arbus. Museums preserve noted works of artists. Many such seminal works in the modernist canon base their work on the female nude: Manet’s Olympia, Cezan ne’s Grand Bathers, Picasso’s Demoiselles of Avignon, Henri Matisse’s Pink Nude, Henry Moore’s Reclining Nude. The project of questioning art object’s in relationship to the gallery centers around several assumptions: There is something worth displaying; There is a specific context for display. The cramped basements of museum reveal reputations lost and names forgotten, a storehouse that reminiscence works once given prominence, now no more than an enthusiasm of a specialist or just a historical curiosity. Museums are intended to bring to life a past history to the visitor, therefore in more than one way, the countenance of the museum where arts are displayed, should have prominence too. Galleries such as the Musee d' Orsay and the Tate Galleries in Liverpool and Millbank in London are part of urban regeneration packages, sited in disused industrial buildings, obsolete railway stations, warehouses and power stations. The eccentric nature of the buildings is complimented by remarkably similar displays across the institutions. This is why one gets to sense the presentation of modern art in puritanically regulated white-walled rooms with strategically placed spotlights and humidity monitors, analogical to all modern art galleries across the globe (Meecham and Sheldon, 2000, p.198-99). Museums are the spaces in which histories and the fixtures and fittings of meaning are installed. There is no dearth to the kind of exhibits available across a diverse spectrum of museums globally. The Museum of Modern Art in New York, the first museum to devote itself exclusively to modern art, was founded in 1929, the year in which the stock market crashed and America witnessed the Great Depression. It has been the most influential modern art museum, not just in terms of design and display but in the definition of the art that would be considered modern.

Ethics and Compliance Paper Essay Example | Topics and Well Written Essays - 250 words

Ethics and Compliance Paper - Essay Example The company also ensures abiding by the codes of ethics through the set integrity standards. In its quest to comply with the companies stated code of ethics, Pepsi- cola makes the financial report available to the shareholders for evaluation of their financial performance. The company believes in operating under strict ethical standards while ensuring accountability to customers and shareholders. The ethics in the Pepsi cola financial environment are initiated through the maintenance and presentation of financial statements to the board of directors (Reinemund, 2003). The has Internal control committees that govern and ensure production of the right financial reports on time. The company has insights on the compliance of financial regulations through the expertise in different departments and assistance from the internally controlled systems. In ensuring ethical behavior within the company, the audit department reports any issues concerning the internal quality of the board, which in turn subjects the reports to financial professionals. The company stresses the need of performance with purpose hence delivery of sustainable growth. Pepsi Cola in complying with their ethical standards they have worked hard in reducing carbon footprint and by giving back to the society. Pepsi cola also ensure that the employees have the option of healthy living in that they believe in giving back to the society increase and improve their performance. They have also invested a lot in ensuring that the environment is not polluted by the companies hence reduction in pa ckaging weights and water

The role of captive insurers in the insurance and risk financing Essay

The role of captive insurers in the insurance and risk financing market - Essay Example The paper tells that captive insurance has been in practice since the mid-19th century. Not satisfied with the insurance and costs involved, companies in the mid-19th started operating their own insurance resources. To cite some examples, there were the American ship owners, not content from the insurance services of the Lloyd’s of London and created Atlantic Mutual in the 1840s. Later in the 1960s, there came a boom period for captive insurance when a number of American corporations jumped into insurance business by creating their individual insurers. By 1990s and 2000s the captive insurance business thrived with the hardening of insurance market, reporting innumerable malpractices in medial and professional responsibility area. Growth in the captive insurance business has been unprecedented, fuelling their demand need globally. Taking it from the Swiss Re reporting of 2003, in 2001 the insurance premium paid by 2,500 of the major world corporations represented 13% business o f the global commercial insurance but the share of captive insurance in that was 80%. Presently, captive insurance is not just reserved to private entities; even government organisations like the U.S. Federal Emergency Management Agency (FEMA) have entered into forming their own captives. Business of captive insurance grows rapidly in such domesticates worldwide where there are lenient regulatory controls in comparison to fully grown developed market economies. There are special legislations for such captives in lenient jurisdictions, not asking for initial high capital injection and also offering tax benefits along with making available developed infrastructure in the form of fully functional capital markets and human resources (Skipper and Kwon, 2008). Impact of captives on the commercial insurance market is huge, as they carry on a worldwide shift by commercial entities that desire a more effective and logical tool of financing the risks. Kloman and Rosenbaum (1982)) pointed out that the growth in captive businesses even in the 1980s was because of the unending pressure from the ever-increasing line of sophisticated risk managers to differentiate and verify each and every aspect of routine insurance transactions. It was also said that many big global companies have just outgrown their risk financing capabilities of the routine insurance market, thus strengthening the deficiency of insurance supply through captive and other options of financing arrangements (Skipper and Kwon, 2008). What is Risk Financing? Risk financing is a process to find the most effective way to finance a known risk. In case insurance is easily available through the traditional marketplace at suitable costs, it is preferable but in case of non-availability of insurance at desired costs, risk financing is the right way of insuring risks. It may include researching alternate ways like self insurance by creating a captive insurer (Capstone Associated Services, 2011). What is a Captive Insu rance Company? A Captive Insurer company fulfils primarily the insurance needs of its owners or their associate entities. The parent pools in the growth of the captive that can offer both underwriting profit and investment return. The Captive Insurer not only provides conventional insurance coverage but at the same time covers risks normally not insured in the traditional market. The risk-financing programme of a captive provides flexibility, stability and control (Hodgins, 2012). Companies not in the insurance business get their loss exposures financed by captive insurance entities, the past and most practised type of ART. In captive insurance, the risk gets shifted from the company to the affiliated insurance firm of the company. Such captives are small firms, controlled by specialist captive managers. Captive firms may be simple in structure but their offerings are critically crucial for the interests of their

Business Online Essay Example | Topics and Well Written Essays - 500 words

Business Online - Essay Example The main trend in B2B e-commerce that dominates the business market in this computer age is the use of a webpage, more specifically known as a company's website. A true business entrepreneur would come up with a site that carries detailed information about the services that its company offers, enables visit to buy products or services online. This is due to the reality that online buying, selling, and trading is extremely fast and convenient. Consumers, even giant business establishments, are inclined to make dealings in the most fitting mode. Thus, the easiest mode to enhance profits is through a company website. This exchange of thoughts and sharing of contacts affect business giants such as Microsoft as well as a local business as small as an online Auto parts sale. It is true that when businessmen want to hire services or make a purchase, they are hardly ever concerned with the way the thing is presented.

Nursing the Patient in Pain Essay Example | Topics and Well Written Essays - 1750 words

Nursing the Patient in Pain - Essay Example Searches will be made based upon these 5 aspects of epidural anaesthesia, using as a beginning the references supplied by Chumbley and Thomas. Epidural analgesia is now a commonly used technique used to manage the acute pain which comes after surgery, usually being a planned procedure, the best time to consider postoperative pain relief actually being before surgery begins. The method first became available in the 1960s ( Klein, 2011) and has increased in use especially since the1980s (Wheatley et al, 2001). Usually it is given for from 2 to 5 days postoperatively , this depending upon the surgery type undergone. After this period the patient should have recovered enough to cope with oral medication for their pain relief. ( Chumbley and Thomas, 2010, page 40). ... ffectively, according to evidence based practice, this method reduces any risk of major adverse outcomes according to Chumbley and Thomas ( 2010, page 35). Both opioids and local anaesthetics can be used . These medications can however themselves produce serious, possibly fatal, side effects. Usually the epidural cannula will be put in place while the patient is still in the operating theatre. The role of the attending nurse is to monitor and assess patients receiving epidural anaesthetics, and to work with the evidence obtained , reporting any possible causes for concern, and so work towards preventing the development of these adverse effects. The College of Anaesthetists ( 2004 , 4.1) describe how it is the responsibility of the department of anaesthetics to ensure that properly qualified staff and appropriate protocols are in place in order that epidural analgesia can be undertaken safely and effectively with the anaesthetist, pharmacy and nursing staff working together. The epidu ral space into which the medication is inserted by a doctor is the potential space between the outer membrane, the dura mater, surrounding the spine and the bony vertebrae. This space contains blood vessels, nerves, connective tissues and fat. The nerves which are present work in various ways, such as passing on messages regarding movement. They also relay messages via the sympathetic nervous system to the brain about pain, touch, and temperature. This potential epidural space is present from the base of the skull down as far as the sacrum, but the spinal cord itself only extends as far as the second lumber vertebrae ( Macintyre and Schug, 2007). The patient is usually placed with their spine curved as this makes insertion somewhat easier. The needle is pushed in until it reaches the hard

Lisao of the Lyrics of Chu Essay Example | Topics and Well Written Essays - 1750 words

Lisao of the Lyrics of Chu - Essay Example It has a lofty ideal and contains his determination to fight for its realization. His poem aims to discuss the various historical themes combined with legends and myths. (Stephen Owen). In terms of form, the Lisao is a first person monologue which is rich in imagery and skillful metaphor. The Lisao is a long lyrical poem permeated with romanticism and moving fairy tales. Lisao deals with calumny and slander of a sordid political reality, and the more general burden of the constraints of human existence, prompt the poet to undertake an "upward journey" (shangzheng). In Lisao, the enactment of other realms is self-conscious, almost self-reflexive: it is an extension of the poet's "declaration of intent." Summoned through an act of sheer will, the other world can be a precarious illusion-hence the poet's disappointments, doubts, and hesitations during his aerial journeys in "Encountering Sorrow."(David Schulman and Guy Stroumsa 37). In terms of content, the poem deals with search, sorrow and disappointments of an exiled prince. The poem also represents stages in Quan's life. It also laments his misfortunes and declares his virtue. In this poem, Qu Yuan attacks those who have defamed him and goes on a cosmic quest for a worthy lord. Moreover, the Lisao counterchange at poetic peaks; chiastic rhetoric highlights and fulfills central cultural and literary values. It shows the reciprocal relations between lord-vassal, heaven-human. Reciprocity pervades and underpins so ourselves to illuminating the dual nature of Chinese songs: requital and retribution. Qu Yuan's life reveals the paradigmatic of the double-edged relation of the Confucian intellectual to the structures of state power. 1 He is part of China's tradition literary martyrdom. To claim to be witness to a higher moral truth while remaining subject to those holding absolute power, is the kind of situation particularly conducive to producing martyrs. Chiastic genealogy marks Qu Yuan as a noble hero of a poem that will repeatedly counterbalance misunderstood nobility against blind depravity. "Encountering Sorrow" deploys counterchange distinctively; throughout, Qu Yuan consistently uses chiasmus not to bind together and suggest but to deny it and enforce separation. He laments that none at court can appreciate true nobility, usually metaphorized as "beauty" or fragrance, as in this upside-down counterchange (36): They gather dung and muck to stuff their sachets; Claim ginger and pepper have no fragrance! Jiu Ge ("Nine Songs"), also attributed to Qu Yuan, is the first example of what could be called shamanic literature in China. Qu Yuan fights against olfactory oppression by marshalling a shaman's arts and lore to undertake a magic itinerary seeking divine powers, divine aid, divine love. His "shaman's way" metaphor enlivens Lisao, e.g. at 16: Regretting I had scanned my path inexactly, After long pause I turned about. I turned my chariot round to retrace the road, Before my path had strayed too far." Here a transition from direct lament to metaphoric presentation spins another binding thread; not only do "not deep" and "shallow" form a frame for quickly and rapids, they sound similar: dzivm and tsien (tsien). Our shamanic poet then continues with a metaphor that inverts things from their proper places (62): I've tried to pluck creeping ficus in the waters, Pick lotus-blossoms in the treetops. The poet laments

Art and Protest in Writing Essay Example | Topics and Well Written Essays - 2000 words

Art and Protest in Writing - Essay Example It is a tool that communicates the thoughts, ideas and proposition of writers effectively if proper skills are adopted. Writing as an art would basically involve the writer using writing as a medium for expressing the intended long lasting communication, an avenue for personal interactions or as a means to convey feelings and ideas to the reader, at the present or future times. Taken as an art, there would be need for motivation to actually cause the potential writer to go into the trouble of writing, creativity and attribution to make the writing interesting and to give an indication that the writer reads from the works of other authors. To a new writer, attitude would be a critical component especially when sharing what has been written with other writers. Wiggins (41) argues that every successful writer needs to posses some degree of arrogance. For example, Alvarez is a renowned novelist. In her novel Something to Declare, the author includes a reader’s comment claiming tha t after finishing one book by the author, the reader would automatically be led to buy another of the author’s books. This has been used as an intentional strategy by most writers to gain trust from the readers and thus make it easy to manipulate their minds in line with their purpose of the writing. Cambridge Educational Services introduces an important aspect in writing referred to as â€Å"wordsmithing† (20). ... The author chose to use the America beauty pageant instead thus reduces chances of undesirable consequences. Most people would write about others but their works would not last. But for writers like Alvarez, their works become constantly new in the reader’s mind. There is much difference between disclosing one’s life in writing without any purpose and using one’s emotions and concerns in constructing a bond between the reader and the author or writer. Therefore, knowing the purpose for writing would be critical before engaging in any writing works. This would also be an important phase in the determination of the target audience so as to choose an appropriate delivery technique depending on whether the writing is aimed at informing, entertaining, demonstrating or persuading. With the development of skills for identification of purpose, together with organization, the tone and texture of the writing automatically gets to the required standards. It just resembles t alking to the target audience only that in this case, it would be done in writing. The author should be careful on the language used depending on the knowledge and exposure of the targeted audience. Although Alvarez has her poems and essays done from an American-Hispanic perspective, she thoroughly analyses human behaviors. The art of writing surpasses language and cultural barriers to achieve the intended objective as long as the purpose has been outlined. In her I want to be Miss America works, Alvarez portrays the image being sent out of the American culture. Through narrative writing in her novel, the author protests at the society’s Americanization of beauty. Through the story of Julia Alvarez and her sisters watching the

Paris 36 Essay Example for Free

Paris 36 Essay Paris 36 starts with confession by the protagonist Pigoil(Gerard Jugnot) to a police officer, accused of murder. It turns to a flashback to the year 1936 depicting the unstable district in a Paris faubourg, suffered from depression and the rising pool of involuntary unemployment. Pigoil has lost his lifetime job in a liquidated musical hall and his wife runs off with another man. More miserably, Pigoil cannot keep the custody of his beloved son- JoJo(Maxence Perrin) because of his financial inability. Struggling to hold on, the trio of experienced stagehands- Pigoil, with Milou (Clovis Cornillac) and Jacky (Kad Merad) decide to take over the vacant musical hall, named as Faubourg 36, and produce some sorts of hit musicals. With the arrival of a young talented actress, Douce (Nora Arnezeder), the musical hall is a huge success and Pigoil can share the happiness with JoJo again. During the time, the hostile landowner Galapiat (Bernard-Pierre Donnadieu) ,who is fascinated with Douce, always wants to clutch her. When he later discovers that Douce is in love with Milou, he sends the gang to have Milou killed but they are in a mistaken notion and wrongly kill Jacky. Shortly thereafter, Milou argue with Galapiat face-to-face and Pigoil finally shoots Galapiat to save Milou. That is the confession and Pigoil is hauled off to 10-year jail. The film ends with a cheerless scene of Pigoils returning to the town after 10 years, yet a delightful projection for JoJos success as a professional accordionist performing in Faubourg 36.

Freedom of contract essay, types of contracts

Freedom of contract essay, types of contracts THE PRINCIPLE OF FREEDOM OF CONTRACT INDEX Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 1 Introduction †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 Giving efficacy to a contract †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 5 The importance of good faith †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Unconscionable bargains †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 6 Unreasonable conditions in the contract of insurance †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 ‘Subject to contract’ term †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 8 Exemption clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Contract of sale of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Consumer protection †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Standard form contracts †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Exclusion clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Penalty clause †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 13 Contract of agency †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 16 Tenancy law †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 17 Carriage of goods †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 18 Freedom of contract for players †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 Conclusion †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 19 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 List of case laws †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 20 Summary The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain from questioning the substance of bargains and would ensure only that the parties have observed appropriate formalities. The principle of freedom of contract is similar to the civil law rule of pacta sund servanda that has regulated the domestic, international and transnational commercial agreements. While interpreting the contract, the courts have to be objective because in the process of interpretation the courts should not create new contracts. Courts would seek to ascertain either what the parties intended or if this is not forthcoming from the terms of the contract then apply the test of how the words would be understood by a reasonable person. Thus contract law is a series of abstractions formed by individual autonomy and judicial deference. But the principle is not unfettered. The legislations limit the scope of contract for protecting social welfare and consumer protection statutes. This gave the courts scope to develop exceptions which is discussed in detail in this paper. Courts began to police the fairness of agreements, developing new doctrines like unconscionability that allowed them to intervene to protect parties with unequal bargaining power. The fact that the principle of freedom of contract continues to share the stage with competing principles should not be surprising. Law always reflects a community’s values and the continuing conflict in our societies between individual freedom and public control[1]. The conflict is unavoidable in a liberal democracy and the best approach is to make reasonable compromise after a case by case analysis. The nature of such compromises will keep changing as the society’s interests evolve leading to the liberal or restricted application of the principle. In this paper the principle of freedom of contract is examined on basis of the hypothesis that the theory of freedom of contract leads the courts to passively enforce the intentions of the parties. In reality, however, the law of contract gives the courts scope to use discretion and do what is fair and reasonable between the parties. However the paper does not conclude that the principle has been watered down by interference from the court of law but has only assisted in exceptional circumstances when the bargaining power of the parties are not the same or when unreasonable and unconscionable contracts are formed. It would be anomalous to conclude that the principle of freedom of contract is far removed from practice. In fact where commercial agreements are entered into by equally competent parties the court do not read anything more to the contract than what was intended by the parties while entering into the contract. The paper examines the principle from general contract law perspective and also analyses special contracts such as the contract of sale, insurance, carriage of goods and agency. Introduction The general principle of the contract law gives prominence to the concept of intention of parties when entering into a contract. This assumption leads to the development of the thought that the parties are individuals with reasoning and are free to enter into any form of contract so long as there is consensus. The intention of the parties is significant in determining whether there is consensus ad idem among the parties entering into the contract. The emphasis on the intention of the parties is logical where a term is implied in fact. Under common law any person is entitled to exercise any lawful trade subject to restraint of trade for public policy reasons. This doctrine extends to contracts restricting the way in which a tradesman carries on business on a piece of land, and to restraints imposed by the rules or practices of professional or other bodies controlling particular activities. In Petrofina (Great Britain) Ltd v Martin[2], it was held that the agreement which restricts the supply of motor fuel only to one particular supplier was valid because it did not affect public policy and parties have voluntarily entered into the contract. The doctrine of restraint of trade whether partial or general restraint, will be good only if they are reasonable and is within the circumscribed limits of the interest of the public, the covenantee and the covenantor. Any restriction upon the freedom of contract to which the restraint of trade doctrine applies must be shown to be reasonably necessary for the purpose of the free dom of trade.[3] A restraint reasonably necessary for the protection of the covenantee must prevail, unless some specific ground of public policy can be clearly established against it. In Russell v Amalgamated Society of Carpenters and Joiners[4] where the area from which the employers, not parties to the agreement, could obtain workmen was held unreasonably restricted. The principle of freedom of contract and the enforcement of contractual promises against the promisor arises out of the economic necessity of compelling observance of bargains and the moral justification that promise was freely given. The evolution of this principle can be traced back to the Slade’s case[5] where the action of assumpsit (where the essence of the undertaking was considered while interpreting commercial contracts) was applied. The action of assumpsit was abolished in the 19th century and left behind the principle of the freedom of contract which evolved over the years with some carve outs and exceptions. The courts still consider the principle of the freedom of contract vital but certain assumptions need to be fulfilled such as equality of bargaining power and legality of the contract. Also to some extent, the law has interfered with[6] or excused a party from literal performance of his promise. This is especially true when we consider the doctrine of frustratio n[7]. Nevertheless it remains generally true that the law of contract does not lay down rights and duties, but rather imposes a number of restrictions subject to which the parties may create by their contract such rights and duties as they wish. Much of the litigation is for determining the construction of the contract to determine what the promisor promised. The earliest case law on the freedom and sanctity of contract was in 1795 in Cutter v Powell where a seaman who was to be paid his wages after the end of a voyage died just a few days away from port. His widow was not able to recover any of his wages because he had not completed performance of his contractual obligation.[8] The civil law principle of pacta sund servanda means the promises and prior commitments must be fulfilled and is similar to the principle of freedom of contract. Pacts and clauses are law between the parties and imply that the non fulfillment of respective obligations is a breach of the pact. The role of the courts is minimal to balance the principle of freedom of contract and protect the weak contracting parties. Giving efficacy to a contract While giving efficacy to contracts, the courts have construed the intention of parties but the courts do not cross the line and create new contracts thereby giving any one of the contracting party a new advantage. A term is implied where it is necessary in the business sense to give efficacy to the contract. The well known tests for construing the contract are: the intention of the parties; or the test of a reasonable person. The intention of parties test bolsters the principle of freedom of contract as the courts would be enforcing obligations on parties as envisaged at the time of entering into the contract. However the second test i.e.: the reasonable person test somehow stands antithetical to the principle of freedom of contract. The test may find use under certain peculiar circumstances, reflecting implications in law. An implied warranty or a covenant in law, as distinguished from an express contract or warranty is really founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties is drawn with the object of giving efficacy to the transaction. The importance of good faith During the 19th century the English courts had a much more relaxed attitude towards the good faith and other elements of the contract, holding the freedom of contract principle as the sine qua non for parties to deal with the promises made. The courts now strike down agreements on the grounds of illegality, incapacity, mistake, duress, misrepresentation, implied terms, frustration and unfairness. Using the principles of equity, the courts have diminished the severity of the common law principle. The courts look beyond the form of the contract and look at the intention of the parties to construe a contract. According to Professor Summers[9], the American Restatement[10] bestows a general and residual duty of good faith contractual performance which may be enforced in the absence of any more specifically exigible contractual provision or statutory superimposition. But this argument is not without criticism. Without the backing of the good faith principle the principle of freedom of con tract would seem unfettered where the parties are free to write their own contracts and that the law does not have a role to import any terms or conditions other than those expressly agreed or necessarily implied by the parties. Unconscionable bargains The courts have time and again interfered with the terms of the contract even in the absence of duress or undue influence if the terms of the contract are harsh or unconscionable. It not just sufficient to establish that one party has a better bargaining power. It has been held in Burmah Oil Co v Bank of England[11] that equity will not intervene merely because one party has superior bargaining power. There should be some form of economic duress or unilateral mistake as to the terms of the contract. Under English law, relief is given to one, who without independent advice, enters into a contract on terms that are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or brought to bear on him by or for the benefit of the other.[12] There were views based on the thesis that in order to interfere with the principle of freedom of contract on the grounds of unconscionable bargain, ther e should be statutory basis such in the case of unfair consumer trade practices, extortionate credit bargains, swinging exclusion clauses and unfair terms. But subsequent case law decided by the Court of Appeal suggests that the exception to the principle of freedom of contract to protect weaker contracting party (inequality of bargaining power) has survived.[13] The remedies available in respect of unconscionable bargains are subject to the same rules as applicable under undue influence that was laid down in Allcard v Skinner[14]. A party will not be granted relief against an agreement on the basis of unconscionable bargain unless he can show impropriety by the other party in the manner in which the agreement was reached and the terms of the agreement.[15] In Boustany v Pigott[16], the Privy Council laid down the following principle. It is not sufficient to attract the jurisdiction of equity to prove that the bargain is hard, unreasonable or foolish. The party claiming unconscionable bargain has to prove that the contract is unconscionable in the sense that one of the parties has imposed an objectionable term in a morally reprehensible manner that is to say in a manner which affects his conscience. Therefore unconscionable does not just reflect the terms of the bargain but looks at the behavior of the stronger party which may be tainted by moral culpability or impropriety. Unequal bargaining power or objectively unreasonable terms does not provide a basis for equitable interference in the absence of unconscientious or extortionate abuse of power. As a matter of fairness the strong should not be allowed to push the weak to the wall. Thus a contract cannot be set aside as an unconscionable bargain against a party who is not guilty of act ual or constructive fraud. Even if the terms of the contract are unfair in the sense that the contract favors one party more than the other party, equity will not provide any relief unless the beneficiary is guilty of unconscionable conduct. The party seeking the relief must establish unconscionable conduct viz. that unconscientious advantage has been taken resulting in a disabling condition or circumstance. Unreasonable conditions in the contract of insurance A stipulation in a policy may be capricious or unreasonable leading to non enforceability of a fundamental term of the contract. This view does not reconcile with the principle of freedom of contract under English law. This exception is however relevant when the contract terms concluded between an insurer and a consumer is unfair. A condition in an insurance policy which is contrary to public policy is unenforceable, for example a condition by which the insurers impliedly undertake to pay the insured’s personal representatives if the insured under a life policy kills himself while not mentally disordered.[17] But a condition that prevents the policy holder from joining military services is not against public policy i.e.: it cannot be considered that exclusion of cover to a person joining military services cannot be deterrence from performing national duty.[18] Where the conditions are such that it is impossible to perform the conditions from the outset then such conditions are simply disregarded as they are a nullity. ‘Subject to contract’ term ‘Subject to contract’ is a phrase which points to a prima facie evidence for declaring that a concluded contract does not exist. The circumstance in which the parties may enter into such agreement arises when all the terms have not yet been negotiated and agreed. This allows a huge scope for thorough negotiation among contracting parties. However when analyzing some of the case laws one gets an impression that the courts have at times entered into the realm of contracts and added new dimensions to the agreements. In Boyle v Lee[19], Finlay CJ (Hederman J concurring) and O’Flaherty J held that there was no concluded contract because the parties did not agree everything they thought essential. In Embourg case[20] it was held by a unanimous judgment that a contract stated in the documentation such as the estate agent’s and the solicitor’s letters as subject to contracts until the contract is exchanged between the parties and meant that no binding contra ct came into existence because no exchange was made. This was the view the court took despite the fact that both the parties had signed the copies of the formal contract drawn up by the vendor’s solicitors. However a more liberal view was taken in Moran v Oakley Park Developments Ltd[21] where it was held that contract will be enforceable under the doctrine of part performance if the court is satisfied that a concluded oral agreement has been reached between the parties to the contract. Therefore the phrase ‘subject to contract’ purports to deny the existence of the concluded contract and protects the parties in negotiations. The Law Reform Commission also considered the possibility of enforcing such agreements.[22] After examining the implications on the freedom of contract principle the Commission felt that if an agreement were to be enforced as soon as the price were agreed, there would have to be some mechanism for settling other terms. The Commission noted that the Working Group on Land Law and Conveyancing Law had failed to come up with a statutory set of conditions and that a court or arbitrator would be able to settle terms in simple cases only. Generally such phrases like ‘subject to contract’ are seen in contracts of sale. Exemption clause The contract of sale allows for contracting out of the implied terms by express provisions and this is recognized as valid under the Sale of Goods Act 1979. Most of the implied terms deal with the quality of the goods. Under the Sale of Goods Act there are implied terms relating to the title to the goods for the vendor, terms regarding quality and fitness, sale by description implies that the goods match the description and in cases of sale by sample the goods are to match with the sample examined by the purchaser. Under the Supply of Goods and Services Act 1982 there is implied terms relating to care and skill, time of performance and consideration. The habit of ousting the implied terms by express contractual provision had become a widely practiced technique at all levels of commerce, and had received a steadily growing impetus from the ubiquitous appearance of standard contracts on the economic scene. In fact restrictions preventing the use of exemption clause for contracting out of implied terms in a contract of sale can be seen only in cases of consumer sales. However attempts to contract out of the implied term with respect to the title of the property were held to be void in all contracts of sale. Thus a term excluding or restricting the seller’s liability for breach of any of the implied terms would not be enforceable to the extent that it is shown that it would not be fair or reasonable in the circumstance of the case to allow reliance on such terms. Contract of sale of goods The sale of goods is an important branch of the contract law which deals with the sale and purchase of movable assets and relies heavily on the principle of freedom of contract. The seller and buyer normally enter into a contract, oral or written for performing their respective obligations for the purpose of concluding the transaction of sale. The principle of freedom of contract was preserved by the Sale of Goods Act 1893 where it is expressly provided that any right, duty or liability arose under the contract of sale by implication of law could be negatived or varied by express agreement or by the course of dealing between the parties or by usage, if such usage can bind both the parties to the contract. This provision was retained in the subsequent Sale of Goods Act 1979. But the 1979 Act further limited the application of the principle of freedom of contract by subjecting it to the Unfair Contract Terms Act 1977 which limits the extent to which the parties to a contract may negati ve or vary the rights, duties and liabilities arising there from. This principle also finds place in the Supply of Goods and Services Act 1982. Consumer protection The concept of consumer protection gives a different twist to the principle of freedom of contract. Laws that attempted to enforce fair trading was formulated to protect an honest trader from other unfair competing traders. In a consumer level transaction there is significant difference in the bargaining positions of the buyer and the seller. There is no statutory definition for the term ‘consumer’ and in the European Union law the term ‘consumer’ is usually limited to any natural person[23], under English law the term ‘consumer’ is not limited to individuals under the Unfair Contract Terms Act 1977. Even the Consumer Protection Act 1987 contains no statutory definition of the term ‘consumer’. By virtue of the Unfair Terms in Consumer Contracts Regulation 1999, ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business or profession. Standard form contracts The commercial organizations may normally have standard form contracts where the terms are already laid down and it is expected that the party contracting with the commercial organization has to enter into the standard form contract. In such a circumstance there is no scope for any form of negotiation and the principle of freedom of contract is has no application except to the extent that the party may exercise discretion to refuse to enter into the standard form contract. In many cases the standard form is formulated by the trade association or as laid down in the statute. These standard terms may further be circumscribed by the concept of public policy. To an extent the standard form of contract helps to save time and allocate risk appropriately in commercial transactions. Such contracts commonly have certain boiler plate provisions such as the clauses relating to arbitration, consideration, choice of laws, definitions, exclusions, force majeure etc. Since this arrangement affects free negotiability of the terms of the contract, standard forms are subject to the test of reasonableness and some exclusion clauses limited or abrogated. Exclusion clause The exclusion clause is found in a contract where the parties wish to exclude statutory provisions under certain circumstance. Even if the statute does not deal with the status of the exclusion clause, there is no general rule that the courts can interfere to prevent giving effect to the exclusion clause if there is nothing unreasonable or unconscionable. But such exclusion clauses cannot protect a person from his own frauds. Even though the courts do not have a general power to strike out exclusion clauses, the following are some of the situations where the courts of law felt that it was appropriate to interfere with the principle of freedom of contract. A contracting party seeking to rely on an exclusion clause to save himself from liability in contract or tort to the other contracting party must show that it was incorporated as a term of the contract, which usually involves the taking of reasonable steps to bring it to the notice of the other party.[24] Similar principles of incorporation of the terms of the contract apply to the exclusion by non-contractual disclaimer of tort liability.[25] An exclusion clause is to be construed strictly against the party who introduced it and seeks to rely on it[26] (the contra proferentum rule); Whether a clause amounts to an exclusion clause is a matter of substance and effect, so that a similar attitude is taken to indemnity clauses inserted for the same purpose.[27] There is no objection to the public policy grounds to excluding rights of set-off.[28] If an equitable remedy is sought, the discretion of the court cannot be fettered by a contractual provision.[29] Where there is a contract between A and B containing an exclusion clause, a third party, X, will not be allowed to shelter behind the clause in the absence of clear evidence that he is a party to the contract and that the clause was intended to protect him. Similarly the burden of an exclusion clause in such a contract will not generally be imposed on him. The courts may either seek to establish the effect of the contract as a whole, taking into account the exclusion clause in defining the obligations of the parties or the exclusion clause may be regarded as a defence, in which case the court might establish the prima facie ambit of the contractual obligation without the exclusion clause and then consider the effect of the exclusion clause on that prima facie liability.[30] The exclusion clause should be clear to give effect to and to deprive one of the contracting parties of all contractual force with respect to the stipulations in the contract.[31] The task of the courts has been to look at the event and the consequent breach in order to ascertain from the words and conduct of the parties which created the contract between them what their presumed intention was and what should be their legal rights and liabilities whether they should be either original or substituted upon the occurrence of an event of that kind. The basis for the interference to the principle of the freedom of contract is only to the extent of deriving the intention of the parties and determines what was actually excluded and what were retained. Penalty clause Under the law of equity, the contracting party is relieved from the penalty clause where the intention of the penalty is to secure the payment of a sum of money or the attainment of some other object, and when the event based on which the penalty is made payable can be adequately compensated by payment of interest or otherwise. The true ground of relief against penalties arises from the original intention of the parties in the case.[32] In Photo Production Ltd v Securicor Transport Ltd[33] it was held that an agreement must not impose upon the breaker of a primary obligation a general secondary obligation to pay to the other party a sum of money that is manifestly intended to be in excess of the amount which would fully compensate the other party for the loss sustained by him in consequence of the breach of the primary obligation. In Jones v Society of Lloyds[34], Lloyds devised a reconstruction and renewal settlement offer to provide financial assistance to Lloyd’s names in m eeting their accrued liabilities to Lloyds. The settlement included a ‘finality amount’ which was a sum, less than the amount owed by the name, that was required to be paid in order to discharge their liability to Lloyds and a clause in the agreement provided that if an accepting name failed to pay his finality payment then the settlement credits would be lost and he would, therefore, be required to pay the entirety of his liability. It was held that the mechanism was a reverse of the penalty clause and that it was a conditional benefit. Penalty clauses do not find favor before a court of law where it related to penalty in a money bond, payment of money by installments such as hire purchase agreements or for doing or omitting to do a particular act. There should be sufficient reasons for the court to interfere with the freedom of contract and will not generally, merely because a person has made an improvident contract, relieve him from its consequences[35]. The relief is granted only where compensation can be made for the breach. The power to strike down a penalty clause in a contract does not reconcile with the principle of freedom of contract and is designed for the sole purpose of providing relief against oppression for the party having to pay the stipulated sum. It has no application in the cases where there is no oppression.[36] Equity and common law allows interference where the contract is unconscionable or oppressive. Such circumstances arise as a result of : the degree of disproportion between the stipulated sum and the loss likely to be suffered by the plaintiff. This factor is relevant for determining the oppressiveness of the terms of the defendant. the nature of the relationship between the contracting parties. This factor is relevant for determining the unconscionability of the plaintiff’s conduct in seeking to enforce the penalty clause. Before such relief is granted, the courts have to ascertain whether the sum specified in the contract as payable in the event of breach of contract is a penalty or liquidated damages, that is whether at the time of entering into the contract the predominant contractual function of the provision was to deter a party from breaking the contract or to compensate the innocent party for the breach of contract.[37] In Nutting v Baldwin[38]