Literature Review On Civil War And Genocide - 2049 Words

2. Literature Review In the completion of this research project research a wide variety of literatures will be reviewed. Broadly, the focus will be on violence including civil wars and genocide, and the international community’s response to violence, focusing both on the theory that unpins response and then more specifically on UN missions and their effectiveness. The literature on violence does not form a cohesive body, rather, for each form of violence there is a distinct literature, and often these literatures do not cross pollinate. For the interest of this literature review a brief review of the literatures available on civil war and genocide will be considered, followed by a brief review of the literature on the response to conflict by the UN. Civil War One thing that the literature on civil war agrees upon, is that there is much disagreement on what civil war is. Amalendu Misra (2008) begins his book Politics of Civil Wars by demonstrating the amount of discord within the academic community on the topic; he provides numerous similar yet different definitions or civil wars over the years and outlines numerous criteria that differ civil wars from other types of violence that may occur within a country, such as coup d’à ©tat’s or revenge killings. Misra notes that due to the varied perspectives â€Å"there exists a mà ©lange of interpretations on the nature and character of civil war there is no commonly agreed position. Given this complexity it is hard to suggest oneShow MoreRelatedThe Conflict Of Syria During The Arab Spring Protests1147 Words   |  5 PagesConflict in Syria There are war crimes being committed in Syria. The conflict started during 2011 Arab Spring protests. The country has been crippled by a brutal civil war ever since. The violence has reached terrifying proportions. 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Subsequently, black childrenRead MoreMigration Essay1750 Words   |  7 PagesForeign Relations (September, 2015). It has been estimated by the IOM that within the first few months of this year, over 464,000 migrants have crossed into Europe, 150 per hour in Germany (Express), with the majority constituting Syrians escaping civil war. With the recent terrorist attacks on France and threats of ISIS across Europe and Western countries imminent, it has caused much concern among settling nations of the threat of facilitated entry for terrorist groups disguised as asylum seekersRead MoreThe Role Of Media Attitudes And Perceptions Of Muslims And Islam1013 Words   |  5 Pagesinternet media Thesis Statement: Due to limited exposure to Islam and the Muslim lifestyle and a narrow scope of news reporting there is an ever increasing trend of Islamophobia affecting many individuals throughout many different countries. 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Beginning of 1999 certain leaders began to question why the OAU failed to prevail and resolveRead MoreAn Investigation Into Regional Integration : A Case Study Of The Sudan Conflict4424 Words   |  18 PagesOrganisation of African Unity in 1963, with the purpose of eradicating colonialism in Africa, and harmonize and deepen collaboration efforts of member states to achieve a better life for its people. A number of problems emerged such as the 1975 Angolan civil war and the Somalia invasion of Ethiopia 1978, besides most African economies were on the decline, these issues among others weakened the competence of the OAU. Beginning of 1999 certain leaders began to question why the OAU failed to prevail and resolveRead MoreChallenges Of International Conflict Peace Building2108 Words   |  9 Pagesemerge and many of them turn violent. These deadly conflicts have led to widespread devastation and regional instabilities, as well as large numbers of refugees. The international community’s instruments that have been designed in the wake of the genocide and atrocities in Rwanda and Bosnia in the 1990s, to prevent the outbreak of violent conflict or end fighting have remain unwieldy and, at times, ineffectiv e (Cramer 2006). As a consequence, many fragile states (which are also the most vulnerable)

Methodology - PESTC Analysis - Free Essay Example

Sample details Pages: 7 Words: 2189 Downloads: 10 Date added: 2017/06/26 Category Marketing Essay Type Research paper Did you like this example? Methodology 3.1PESTC analysis Purpose PESTC analysis determines the key external environment that directly or indirectly affected the company (Jurevicius 2013). This helps the company to understanding situation of country and helps managers in decision-making either enter the country or not. PESTC analysis normally is the framework that will be selected as the tool to scan the issues of macro-environments (factors that are unable to control by the organisation) that affected the business environment (Vitez 2014). Don’t waste time! Our writers will create an original "Methodology PESTC Analysis" essay for you Create order PESTC analysis is a useful strategic tool to understand market potential, business potential and direction for operations (Kotler 1998). Cautions Manager can be making better decision if the PESTC analysis conducts first before completing with the SWOT analysis (Downey 2007). This is because conducts PESTC analysis can provides the evidence to support the threats and opportunities of SWOT analysis. However, market forces will continuous change through the times. Therefore, Babatunde and Adebisi (2012) mention companies should be proactive and conduct PESTC analysis to ahead the changes. Political Political refer to change of government influence that has large influence on companies. Law are always updated and amended by the government such as employment law and intellectual property law, etc. Therefore, an organisation should carefully understands and studies on the political of the targeted country and analyse the issues arise from political environment such as political stability, trade tariffs, tax policies, etc (Vitez 2014). Taxes policy Government taxation policies on the sale of goods and services will affect the decision of foreign organisation to enter the country. If the country has a low or even zero taxes rate will be preferable by an organisation to enter rather than a high tax rate on good sales due to high tax rates cause the reduction of profitability (Klemm2009). According to Keegan and Green (2011), foreign organisation seen the opportunity to enter into China when the reduction of import duties due to the joined of World Trade Organisation (WTO). Intellectual Property Rights (IPR) IPR includes patents, copyrights, industrial designs and trademarks (MRC 2003). Organisation should ensure that patents and trademarks are registered in targeted country. According to Keegan and Green (2010), these intellectual properties that protected in home country may not protect in that countries. Therefore, organisation should clearly understand IPR in targeted country to avoid the future disputation when the problem arises. Corruption level Bribery means à ¢Ã¢â€š ¬Ã‹Å"dirtyà ¢Ã¢â€š ¬Ã¢â€ž ¢ activities involved in business practice such as cash payment during the negotiation of cross-border deal. Different countries have different degree of corruption. Olken and Pande (2011) mention corruption activities are more popular in developing countries compare to developed countries. Basar and Zyck (2012) mention most of the investor prefers to enter a country that is low degree of corruption. This is because the capital use to corrupt m aybe continuously as long as the business are located in the country and this expenditure will affected the profit of the organisation. Economic Economic conditions will affect the level of difficulty to be successful and profitability in a country because it direct affect capital availability, cost and demand of citizens (Koumparoulis 2013). An organisation normally will expand when the targeted countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s economic condition is favourable to them, such as low interest rate or high purchasing power parity. The others economic changes that are unable control by organisation include economic growth rate, unemployment trends, consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s disposable income and purchasing power parity, etc (Vitez 2014). Economic system is means how a country governed their economic market, it can be categorised into pure market economy, command economy and mixed economy (Peng 2011). An organisation must studies clearly on the dominant method of resource allocation and the dominant form of resources ownership in a country before making the expansion decision. Socio-cultural Social-cultural related to the pattern of behaviour, attitude, education, tastes and lifestyles of citizen in the targeted market (Vitez 2014). Organisation required studies into socio-cultural to adapt and suit in the target market. Additional, they also can forecast the future market situation of the country. According to Churchill, Brown and Suter (2010), organisation can be assessing the demographic such as birth rates, population growth rate, education level, social classes, sex distribution, and family size of the country. Beside this, the attitude of the citizens toward the product categories, brands and retailers also should be identifies and learn by managers to easily shape the target people with favourable attitudes (Nguyen 2013). Technological Nowadays, technology is particularly important for an organisation, especially in communication technologies. The databases and electronic communication enable the information share easily and faster. Good technology enable provide organisation some benefits such as cutting cost and improve service, particular benefit for new entrant (Nguyen 2013). Organisation should be identifying the availability of internet technology and penetration level of targeted country before the expansion. According to Hit, Ireland and Hoskisson (2007), advance technology in targeted country will allow the organisation learn and maintain their competitive advantages. Organisation that fails to catch up with technological trend will loss the opportunities to enter the market or even affected their status in current market (FME 2013). When enter into underdeveloped country, in turn, organisation should think the other way to solve such problem if the market attractiveness is big enough. SWOT analysis Description SWOT is acronym headings of strengths, weaknesses, opportunities, and threats. According to Sluismans, Lommelen, and den Hertog (2010), SWOT analysis is situational analysis that used to access organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s internal and external environment in strategic planning (Downey 2007). Strengths and weaknesses (such as operation) are the internal aspect of the organisation which they have more control over these factors (ProQuest 2010a). While Lee and Andrew (2000) noted that the opportunities and threats (such as political factors) consider as external factors (either positive or negative market situation) that are out of the organisational control. Purpose SWOT analysis helping in evaluating the factors that influence your operation and giving valuable guidance in decision-making (Mayhew 2014). SWOT analysis can analyse and identify the vital areas of the organisation either to emphasize or do some improvement on that particular area (Johnston 2014) . According to Ferrell and Hartline (2011), SWOT analysis is the simple framework to evaluating an organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s strategic position during or even before proceeds to the planning stage. Caution During SWOT analysis, the team should be realistic otherwise they are wasting their times to do the meaningless data collection. Solely list down the SWOT only do not provide useful analysis (Johnston 2014). Therefore, SWOT Matrix should apply to support this analysis. Strengths Description According to Ferrell and Hartline (2011), strengths of organisation exist because of resources that possessed by organisation or the good relationship with the customers, employees and/or outsiders. The internal factors can be categorizes in terms of cash flow, products, reputation, profitability and workforce, etc (Mayhew 2014). For example, workforce can be the strength of an organisation if they able create the best product to sales and/or providing high level of customer service to customers. Determine the Strengths An organisation should list down all the strengths of the organisation and compare with the key competitors (Suttle 2014). If the organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s vital areas are more competitive than their key competitors, it will be the strength of the organisation. However, in turn, if the key competitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ expert in that area than the organisation, it will not be consider as strength for the organisation anymore and will becom e the weaknesses. If both parties have the high level of expertise in such area, it also can not consider as strength, yet necessity for the organisation. Action of Manager The identified strengths will become the organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s capability. Duncan, Ginter and Swayne (1998) mention the manager can leverage these benefits to achieve the competitive advantages during development of strategies. The other way round, identified weaknesses will try to be overcome or minimize the negative effect by the manager throughout the stages. Weaknesses Description Weaknesses are the areas that are not doing well or less efficient compare with others (Reichwein 2014). This means that the organisation is perform worse compare with other key competitors in particular area. Dix, Lee and Mathews (2002) mention organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s probability of success will increase if the weaknesses have been improved. The organisation must be remembered that the strengths will become disappear or even change to weaknesses over the times. Action of Manager The most obvious weaknesses must be come first and then start to do some improvement over it (Suttle 2014). For example, manager identified the areas or functions that cost the organisation in an unnecessary way. Therefore, the organisation can remove the task or cut down the expenditure for the areas and make the plan to profit the organisation (Johnston 2014). Opportunities Beside the internal factors, the trends and situations of the external environment should be concern by managers as well. Opportunities are the external factors or situation that organisations can take advantages (Mayhew 2014). In turn, threats are the external factors that will harm the business activities of organisation. According to Ferrell and Hartline (2011), external factors may enhance or restraint organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s ability to serve the needs of its customers. Dix, Lee and Mathews (2002) mention the examples of opportunity are regional growth trends, new distribution model needed, growth through market segmentation, etc. 1.3.4Threats Dix, Lee and Mathews (2002) notes that the threat means the obstacles of company that prevent them to accomplish their mission and vision. Organisation should clearly identify the threats that have direct impact on your business currently or the period does not longer than 5 years (Johnston 2014). This is because not all the identify threats are likely to happen, especially more than 5 years. Examples of threat are decrease of customer demand toward organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s products, price wars with competitors or the increase in competition (Suttle 2014). SWOT Matrix (Figure 1) SWOT Matrix means the matching of internal and external factors. The four combinations are Maxi-Maxi (Strengths/Opportunities), Maxi-Mini (Strengths/Threats), Mini-Maxi (Weaknesses/Opportunities), and Mini-Mini (Weaknesses / Threats). Figure 1: SWOT Matrix Source: Lee, SF Andrew, SOK 2000, à ¢Ã¢â€š ¬Ã‹Å"Building Balanced scorecard with SWOT analysis, and implementing à ¢Ã¢â€š ¬Ã…“Sun Tzuà ¢Ã¢â€š ¬Ã¢â€ž ¢s The Art of Business Management Strategiesà ¢Ã¢â€š ¬Ã‚  on QFD methodologyà ¢Ã¢â€š ¬Ã¢â€ž ¢, Managerial Auditing Journal, vol. 15, no. , pp.68-76, viewed 3 March 2014. (Emerald Insight) Maxi-Maxi (Strengths/Opportunities) The organisation strives to maximize firmà ¢Ã¢â€š ¬Ã¢â€ž ¢s strengths to capitalize on new opportunities that found in SWOT analysis. Maxi-Mini (Strengths/Threats) Organisation strives to utilize their strengths to minimize the threats that faced in the targeted markets. Mini-Maxi (Weaknesses/Opportunities) Organisation strives to overcome and improve their weaknesses to achieve and gain the new opportunities from the targeted markets. Mini-Mini (Weaknesses / Threats) Normally, this matching is called defensive strategy. Organisation strives to improve their weaknesses and minimize or avoid the external threats of the environment. OLI Paradigm (Dunningà ¢Ã¢â€š ¬Ã¢â€ž ¢s Eclectic Paradigm) à ¢Ã¢â€š ¬Ã‹Å"OLIà ¢Ã¢â€š ¬Ã¢â€ž ¢ is the acronym heading of Ownership, Location, and Internationalization. This framework is developed by John Dunning. MNEs suggest to transfer O advantages at home country to specific countries (possess L advantages) which allow the MNE to internalise the O advantages (Rugman 2010). According to Zhao and Decker (), the organisation will adopt the entry mode with high control level such as wholly owned subsidiary if they possess more OLI advantages. OLI theory using to determines the accommodation of FDI and the foreign activities of multinational enterprises in a country (Dunning 2000). The major reason of organisation becomes MNEs or engaging FDI is due to economic gains. That means the organisation will pursue FDI activities when the gains have be significantly more than the costs of FDI (Peng 2011). Ownership Ownership advantage means the organisation possess the valuable and hard-to-imitate assets overseas (Peng 2011). Ownership advantages normally use to address the question why some organisation go abroad but not others (Neary XXXX). Some MNE has firm-specific advantages which allow it to offset the cost and liability to operate overseas (Nottingham 2005). For example, most productive firm is willing to pay the high cost of engaging FDI but not the low productive firm. According to Zhao and Decker (), ownership advantages can be management know-how, production differentiation or even the owning the property technology that can help the organisation to compete with overseas competitors. The organisation possess vital equity ownership position allows them to have huge management control rights (Peng 2011). Normally, FDI more prefer than the licensing because the organisation can reduces the dissemination risks and can tight control over foreign operations. Location Location advantage means those benefits that are enjoyed by the organisation due to firm do business in that particular place (Peng 2011). In other words, the uniqueness of the country that provide benefits to the organisation that doing business over there. L advantages help to exploit the potential created by the O advantages, which means combining the O advantages with the availability of complementary assets in targeted country (Nottingham 2005).The L advantages in a country include big market size, natural resources, aspects of the infrastructure, education system, and other aspects of external environmental (Rugman 2010). Internationalisation There is a close relationship between O and I advantages, which O advantages of home country normally will be internalised overseas (Rugman 2010). Internalization normally is the reaction to imperfect rules of foreign government toward the international transactions (Peng 2011). For example, the organisation realizes the uncertainty IPR of targeted country will internalize the organisation rather than just issuing the license to local citizens. I enable organisation to exploit their à ¢Ã¢â€š ¬Ã‹Å"Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ advantages internally rather than to sell or license it to present the technology diffusion by competitors (Nottingham 2005).

Impact Of Globalization On Culture, Social Structure, And...

Impact of Globalization on Culture, Social structure, and Women’s Rights in the Middle East Marisa DiGiuseppe C11026914 INS 201 Professor Rodriguez October 7, 2014 Opposition to Globalization Although globalization is at heart an economic process, it is a complex and multidimensional process, which has political, cultural, and social dimensions. These dimensions and globalization’s gender aspects has greatly influenced the life of women in the Middle East. The various aspects of globalization have promoted growing contacts between different cultures, leading partly to greater understanding and cooperation and partly to the emergence of transnational communities and mixed identities (Moghadam, Valentine). The Library of Congress acknowledges that while many nations have embraced the changes globalization brings, more traditional societies have concerns about the nature of these changes and how their people will respond. Despite the increased international economic activities, diffusion of ideas, and mixing of cultures globalization is responsible for; the process has hardened the opposition of different identities. This opposition to globalization likely stems from the desire to maintain cultural integrity, to protect a nation’s heritage and religious traditions, and defend one’s social institutions amidst the global pressure to modernize and adopt new customs. This has taken the form of reactive movements in the Middle East, such as religious Islamic fundamentalism,Show MoreRelatedCapitalism, Globalization and the Perpetuation of Women’s Oppression: a Vicious Cycle1138 Words   |  5 PagesCAPITALISM, GLOBALIZATION AND THE PERPETUATION OF WOMENS OPPRESSION: A VI CIOUS CYCLE By Kelsey Lavoie NDYA, Provincial Youth Liason According to the World Bank, women make up 70% of the world’s poor and their wages world wide are on average 50% to 80% of men’s. 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Essay on The Food of the Gods - 1133 Words

The Food of the Gods For over 2000 years, chocolate in its many forms has been enjoyed and its effects have been exalted. It was believed that the Mexican god Quetzalcoatl left the cocoa tree for the people. The Aztec emperor Montezuma is reported to have consumed 50 goblets of chocolate a day. It is called the food of the gods, literally, as a translation of Theobroma Cacao, the cacao bean. (1). Such a title must imply that chocolate has some naturally occurring superior quality. Why else would we crave it so much more than other foods? For many people, nothing can take the place of chocolate when a craving hits. Chocolate and cocoa have very complex chemical properties and many components. Among the most researched components†¦show more content†¦It is a tetrahydroisoquinoline, (TIQ), or alkaloid of dopamine found endogenous in mammalian brains, and also found in cocoa and chocolate. This research has claimed that salsolinol seems to be one of the main psychoactive compounds present in cocoa and chocolate and might be included in chocolate addiction. Similar compounds have the effect of inhibition of monoamine oxidase (a substance that reduces the amounts of norepinepherine acting on neurons), mirroring the effect of MAO inhibitors which are commonly used as antidepressants. Other effects reflect this general antidepressant influence on the brain. Interestingly, salsolinol was also found to bind with a relatively high affinity to D3 receptors, a subtype of dopamine receptor which is implicated in reward. This may be a factor in the rewarding properties which some people find chocola te to possess. Overall, this study suggested that chocolate may have the ability to psychopharmacologically induce craving and even addiction, especially in persons who are inclined to become addicted to other things. (5). Some research has found that chocolate has the capability to stimulate the production of the bodys endogenous opioids, or endorphins. Endorphins work on opioid receptors in the body, the same receptors on which morphine, heroin and other analgesics work, to cause relief from pain, create feelings of well being and even euphoria. Although scientists claim that one must eat many pounds of chocolateShow MoreRelatedChocolate, The Food Of The Gods1581 Words   |  7 Pages Chocolate, It’s been described as one of life’s â€Å"sinful little pleasures.† It s been proven that there are foods that people are passionate about, a passion that’s more than just love for food. For the true chocoholics like myself, just thinking about chocolate can evoke a pleasurable response. But could something that tastes so delicious actually be good and healthy for you? Over the years we have all heard many negative claims about chocolate, especially if you eat a lot like I do. 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Many aspects of Egyptian culture and civilization are connected with religion. Nature aspects like the sun and river is answered with what the gods do in mythology. Ancient Egypt had an organized system with beliefs about the supernatural, belief was an polytheistic one, andRead MoreThe Story Of The Odyssey1343 Words   |  6 Pagesbegan to make more sense in my mind. One of the major themes in The Odyssey we could it to be hospitality. Hospitality is defined as the friendly reception and treatment of guests or strangers (dic). In Greek costumes hospitality is a must have. If the Gods that Odysseus inquired on his journey home would have not shown Odysseus and his men hospitality, Odysseus would have never returned home and would have probably died out in the sea. Hospitality was shown from the very being of the story, and continuedRead MoreChristianity, Judaism, And Islam1567 Words   |  7 Pagesin a God or in many gods there is an important ethical question raised by their possible existence. Should we fulfill their role and play God; manipulate the genes of other creatures to make them better and make decisions for others under the premise that we know better than them. These are some of the questions that philosophers have argued for centuries. The famous Prussian/German philosopher Friedrich Nietzsche believed we have a moral obligation to become God because we have â€Å"Killed God† as heRead MoreThe Origin Of Culture And The False Perception958 Words   |  4 Pagesperception it gives that is was created by God. Although culture religious traditions can have association with God, culture and religious traditions are not are not from God and can prevent people from doing what God wants Context Mark 7:1-8 begins with the Pharisees and the scribes coming from Jerusalem and meeting with Jesus. As they were gathered around Jesus, the pharisees and the scribes observed his disciples and questioned Jesus why they were eating food with hands that were unclean? Jesus respondsRead MoreEssay on There is More to Vikings than Violence992 Words   |  4 Pagesdifferent gods. The stories they told are known as ?Norse Myths?. The majority of them are about competitions between the gods and giants. The god of thunder, Thor, who was also the most popular Viking god, wielded a mighty hammer called Mjà ¶Ãƒ ¶llnir (meaning the crusher or destroyer). Odin was the ?All-father? of all the gods and was extremely wise. He exchanged one of his eyes for wisdom. Other gods and goddesses included Loki (the trickster god), Freyja (goddess of love and beauty) and Frey (god of fertility

Post Colonial Essay Free Essays

PostColonial Literature Essay 3. With reference of at least two short stories from the course, consider in what ways either Desai, Munro, Galgut and Rushdie’s stories are Postcolonial texts. You may consider issues such as home and homelessness, absences in the text, place, positionality or anything you feel is relevant to your attempt at decoding postcolonial identities. We will write a custom essay sample on Post Colonial Essay or any similar topic only for you Order Now Post-colonial literature can be considered as a body of literary writings that reacts to the discourse of colonization. Post-colonial writers focus on issues such as de-colonization and the political and cultural independence of people formerly subjugated to colonial rule. However post-colonial literature cannot be described only by the definition above, many other issues have to be considered in order to fully understand post-colonial texts. In order to understand post-colonial texts, one has to focus on two post-colonial writers: Anita Desai and Damon Galgut. To begin with, Anita Desai is an Indian novelist and short story writer, especially noted for her sensitive portrayal of the inner life of her female characters. Desai prefers the concerns of Westernized, middle-class characters rather than those facing the majority of India. Desai has comments on her work â€Å"My novels are no reflection of Indian society, politics or character. They are my private attempt to seize upon the raw material of life. † â€Å"Diamond Dust†(2000), a second Desai’s short story collection, features a selection of tales set in North America and India, Indian characters and concerns figure in all of them, illuminating Desai’s thematic preoccupation with the psychological effects on multiculturalism. A short story called â€Å"Five Hours to Simla or Faisla† was written by Desai. Shubha Tiwari in â€Å"Critical responses to Anita Desai† argues that â€Å"Five Hours to Simla Or Faisla is one of the most successful stories in this collection because of the clarity of the motives in it. It is a humorous story about the adamant attitude of a Sardarji causing a good deal of tension to the travelers on the way to Simla. † In my opinion, â€Å"Five hours to Simla or Faisla† can be called as a post-colonial text for many reasons. First of all, I think that key character is a crucial thing while talking about post-colonial texts. A key character in this text is really important as short stories tend to be more interesting in characterisation. In this story the key character is the mother’s character as it shows tradition-bound patriarchal culture in India: mother’s responsibility to take care of children and not having a say in the family, being less important than the father / husband. At that stage Desai tries to focus on middle-class women in contemporary India as they attempt to overcome social limitations. Writers’ qualification is also very important in post-colonial texts as it reflects why the author chose to talk about this particular subject in their text. Desai’s qualification is feminine and we can see why mother’s ( the wife’s) character is such an important thing in this short story. Her qualification is also somehow engaged in as to why her daily life is occupied with the complexities of modern Indian culture from a feminine perspective, while highlighting the female Indian predicament of maintaining self-identity as an individual woman. Being an immigrant, Desai sees differences between her culture and Western world. Talking about the mother’s character, she tries to show the limited opportunities for women in Indian society; she tries to find the dissolution of traditional Indian values and Western stereotypes of India. Talking about central characters, we can consider family as central characters in this story as Desai focus on family relationship so much in this text. She talks from a third person perspective â€Å"she†, â€Å"he† and she never mentioned family member names, so she place very long distance between readers and family-unnamed characters makes a little bit difficult to talk about them for readers. Secondly, language/style is also really important in post-colonial texts. Desai’s literary language is not her native language, but English. She uses fluid language and a less flaky, descriptive style. She writes in a very natural way. This text is really interesting in linguistic terms, for example Desai in this text uses words such as kohl which means German politician who served as chancellor of West Germany. We can see here that Desai tries to focus on her real roots as her mother was German. Thirdly, it is worth to talk about identity in this text as identity is a key issue in post-colonial text. Desai use this story to solidify, through criticism and celebration, an emerging national identity, which she has taken on the responsibility of representing. Desai in this text represents post-independence India while she is talking about traffic jam. Traffic jam is like a symbol (symbolism is also an important thing in most post-colonial texts) of the stagnancy of the Indian society: India had never formerly existed and so it a huge issue – national identity crises in India. Traffic jam also symbolizes that members of a postcolonial society have an identity which has been shaped jointly by their own unique cultural and community history, intertwined with that of the colonial power. Desai tries to show cultural and social changes that have swept India since its independence from Britain in 1947. Key passages also play a vital role in post-colonial texts. The text I have chosen is: †She did not need to draw upon her thumb juices for long. The news of the traffic jam on the highway had spread like ripples from a stone thrown. From somewhere, it seemed from nowhere for there was no village bazaar, marketplace or stalls visible in that dusty dereliction, wooden barrows came†¦Ã¢â‚¬ (p. 122) I think that this passage shows that the market place finally appeared in Indian society. Market place at this stage is very important as it represents the centre of the community; it connects community together again after British oppression; it is like a sense of community even in stagnancy; it represents a whole nation again. It is always important to look at the title in post-colonial texts. The â€Å"Five hours to Simla or Faisla† title is no exception. Of course, we first look at Five hours to Simla because it makes sense for us- and the text in general represents it, but when we are looking deeper in the text context we make sure that Faisla is an important part of the title too. Faisla in English means judgment/ verdict, so how it is relative to this text? Traffic jam as I said is a symbol of stagnation of the Indian society. It also represents that Indian people are waiting someone to take control of India; to connect all religions together into one India identity/ into one native India. India was damaged by being colonized, so who will bring this country together? Indian people really need someone to take a verdict/leadership. Opening and ending of the text are essential parts of analysis of the post colonial texts too. Desai ends her text with no great judgment and resolution. Short story writers are tend to leave things open. They can’t really solve the problems, but they can represent the problems from all angles and allows people to judge. Another short story, which I would like to analyze is â€Å"The Lover† from â€Å"In a Strange Room† (2010) written by Damon Galgut, a South African novelist. I will start with a speaking person. The narrator is sometimes referred to in the first person singular, sometimes in the third. All this makes connection and at the same time disconnection in one’s mind, especially because Galgut is free and easy with conventional punctuation. Galgut writing style and punctuation is unusual in a way that he does not use any questions marks. Identity is also very important figure in this text. We can see that identity in this text is a migrant identity- the main character in this text is lost in this world, â€Å"he has not made a home for himself†. By this text, the author means that the character has not found a place in the world that he could call home, he doesn’t feel right, and is trying to find a place where he would feel accepted and content. Therefore he travels to Zimbabwe, without having planned anything â€Å"No particular intention brings him to Zimbabwe, all those years ago. He simply decides one morning to leave and gets on a bus that same night. † He also tries to find this place, that in his imagination he could call home. In the text the narrator says â€Å"Somebody has a map and knows which way to go†, he refers to how other people are different than him in a way that they have planned their routine, and have a place they can call home, whereas he hasn’t got any routes or plans, as he feels lost. In my opinion, him travelling around, symbolizes the fact that he is lost. He is trying to change his surroundings, he is trying to find a community, home, to find someone to love. â€Å"If I was with somebody, he thinks, with somebody I loved, then I could love the place and even the grave too, I would be happy to be there. † He emphasizes the fact that he is desperately trying to find a lover, a person who he would love, and that that person would make the surrounding right for him, that only then he would feel happy in the place. The character feels guilt, because he is trying to find a place that he could call home, and a person that he could call his lover, but fails to do that, and therefore he feels guilty. The title â€Å"The Lover† reflects the whole point of this story. In my opinion, the title refers to that person that the main character is looking for throughout his journey. That person in my opinion is the Irish woman that he meets in the hotel and starts his journey. We are told that the moment when they leave the hotel, him and the Irish woman, is the moment when the â€Å"real journey begins†. Sometimes it happens as you leave your house, sometimes it’s a long way from home. † We are told that even though the main character of the story has travelled for a while, his journey has only begun at that time when he, and his ‘lover’, leave the hotel, to go to Malawi. Even though there is no evidence that the woman is feeling any romantic feelings for him, his jo urney only begins now, and this Irish woman gives him hope, and he thinks that she could be her lover, in my opinion. Class issues are very obvious in this text. The officials at the border of Malawi are described as very ignorant, and incompetent. This is due to the fact that when they were told by the tourists, that they were informed by their embassy that they wouldn’t require a Visa. After that the officials shouted at them, and told them that they were wrong, and sent them back to get the Visa. This shows that the officials aren’t well informed, and also badly mannered. This goes to show that the stereotype that most African’s are very narrow minded is still very much true. They wouldn’t allow foreign people to go through the boarded without a Visa, even though it wasn’t required, but they did allow some South African’s through without a Visa. In conclusion, I believe that in order to understand post-colonial text you may consider issues such as identity, story title, characters, language, style, key passages, home and homelessness, place and etc. References: Anita Desai (2000). Diamond Dust, â€Å"Five Hours to Simla or Faisla†. Damon Galgut (2010). In a Strange Room, â€Å"The Lover†. Hart, Jonathan; Goldie Terrie (1993). â€Å"Post Colonial theory†. In: http://books. google. com/books? id=CTJCiLG9AeoCpg=PA155#v=onepageqf=false Word count: 1,967. How to cite Post Colonial Essay, Essays

Contract Law Making Business Contracts

Question: Describe about the Contract Law for Making Business Contracts. Answer: The law of contract A contract is an agreement which can be enforced as per law. An agreement is formed when there is an offer made by one person (offeror) to another person (offeree) and the offeree accepts the offer made to him without bringing any variations to its terms. But an agreement can be converted into a contract when there is presence of intention of the parties to be in legal relation, the parties to the transaction must be major and the transaction between the parties must have consideration involved in it. (SLD, 2012) So, the basic elements which constitute the promises amid the parties in to a contract are: Offer An offer is the primary ingredient for formulation of a contract. It is made by an offeror to an offeree. It is the intention of an offeror which he communicates to an offeree in order to enter into contract with him. An offer in order to be considered as concluded and complete must be communicated to an offeree (Clarke v Dunraven (1897). In order to be valid an offer must be simple and clear.. Further, an offer can be made to a specific person or to the world at large (Carlill v Carbolic Smoke Ball Co[1893]. When the offers are at world a large then they are open offers and it can be accepted by anybody from the public by acting upon the same. But in case the offer is for a specific person or group of persons then such specific person is only eligible to accept the offer. (Cheshire et al, 2012) Invitation to treat An Invitation to treat is another concept which is many times confused with an offer but rather is different from an offer. In invitation to treat, the person (inviter) does not make any offer rather he invites offers from people upon his invitation. Once an offer is made to him by the prospective offeror then he can either accept or reject the same. If he makes an acceptance of offers then there is a concluded agreement between the parties (Payne v Cave(1789). Invitation normally takes place when there is advertisements, display of goods on shelf with price tag in a showroom, auction etc. (Cheshire et al, 2012) Unilateral and Bilateral offers The offers which are made by an offeror and there is no requirement of any formal acceptance to make a binding contract, then, such kind o offers are unilateral. In unilateral offers the offeree does not make a formal communication of an acceptance, rather, just acts as per the terms of the offer in order to make a binding contract (Carlill v Carbolic Smoke Ball Co[1893]. Whereas, in bilateral offers, there is mutual exchange of offers and acceptance in order to make a binding contract amid the parties. (Nicolas TW, 2016) Acceptance An acceptance is said to occur when an offer is assented by an offeree. An acceptance is one of the main ingredients in forming an agreement. If an offer is not accepted then there cannot be an agreement or a contract. An acceptance must be clear and proper in order to be valid. In order to make a valid acceptance it must move from the offeree. An acceptance by a person to whom no offer is made is no acceptance in law (Mondial Shipping and Chartering BV v Astarte Shipping Ltd (1995). Also, an acceptance is valid provided the same is made before the revocation of an offer. An acceptance can be made orally or in written form. An acceptance is said to be complete when it is communicated to an offeror by an offeree. An offeree must follow the mode of acceptance prescribed by the offeror and if no mode is mentioned then a reasonably mode is sufficient to make a binding contract. Further, if an acceptance is made via post then it is complete as soon as an acceptance is made and not otherwise. Also, an acceptance can only be made when the offeree is aware of the offer. If an acceptance is made without knowing he offer then there cannot be a valid acceptance. (Jalil A, 2011) Counter offer Further, if an offeree does not accept the offer and gives his own terms or moulds the terms of an offer prior making an acceptance then the same is termed as a counter offer. Upon making of counter offer, the original offer comes to an end and the counter offer becomes the new offer (Hyde v Wrench (1840). Now it is the new offer which is alive and can only be accepted by the old offeror in order to make a binding contract amid the parties. (Jalil A, 2011) Intention to be in legal relation In order to form a contract, apart from an offer and acceptance, there must be an intention to be in legal relation with each other by the parties. If the intention of the parties to be in legal relation with each other is not present then there cannot be a concluded contract. The intention to be in legal relation is presumed to be there in case of commercial transactions but the same is presumed to be absent in case of social and domestic relations unless the same is disapproved (Merritt v Merritt[1970]. Capacity of parties to contract The parties to a contract must have capacity to enter into a contract with each other i.e. they must be major and must be of sound mind. In case the parties are not capable then there cannot be a valid contract between the parties (Nash v. Inman [1908]. Consideration A Consideration is the value in terms of money or may be in kind which is paid to the offeree against the performance of the offer made by an offeror. It makes the promises enforceable in law. (Cheshire et al, 2012) So, all the above elements is required to make a valid contract. There cannot be a contract without these elements as each and every element is mandatory for the contract to exist. Now, various legal issues are now resolved. i. It is now analysed whether a contract was formed and if yes then who all are the contracting parties. Alan intends to sell his book. In order to do so, he posted an ad on his face book page. It specifies that he is offering his book to all of his friends who are enrolling or are enrolled in Kaplan Higher Education. He is offering his textbook and all of his notes. He offered the book and notes @ $200 and specified that any person whosoever is interested must pay him by 5th Nov 2015. Now, it is submitted that the action of Alan is a kind of invitation to treat as he never intends to make any offers rather he intends to receive offers by 5th Nov 2015. So, an invitation is made by Alan. Also, the invitation is only open to the facebook friends of Alan. Now, Bernard is Alan face book friend. On 2nd Nov 2015, he expressed his desire to buy the book but @ $150. Thus, he made an offer @ 150 to Alan. If Alan confirms the offer of Bernard then a valid contract can be made amid the two. On 3rd Nov, the offer made by Bernard was rejected by Alan. So, there is no confirmation of the offer by Alan and the offer of Bernard now stands revoked. Now, the posting of money by Bernard on 4th Nov is of no significance as the offer made by him to Alan is now stand revoked. So, communication of any acceptance without any offer is no offer at all. Charleen expressed his intention to buy the book and thus made an offer to Alan @ 200. However, Alan consent the offer of Charleen by nodding his head. However, the acceptance made by Alan was without intention as he gave his acceptance without intending to be abiding by the same. So, an acceptance without intention is no acceptance at all. Even the act of Charleen leaving the money on Alan table is of no significance. Damien though is not on the face book page of Alan had sent a message to Alan personally. He expressed his intention to buy the book and offered to make the payment by 4th Nov. He later pay Alan the required money and Alan confirmed that he will pay everything to him by 7th. So, there is a valid offer and acceptance amid the two and Damien and Alan are the two concluding parties. Now, Legal position of Bernard and remedies There is no contract that exists amid Alan and Bernard as Alan has rejected the offer of Bernard and thus here is no concluding contract. So, Bernard cannot take any legal action against Alan. Even if Alan has provided him with only the text book still Bernard cannot take any action. iii. Legal position of Charleen and remedies There is no contractual relationship amid the two because of lack of legal intention. Legal position of Damien and remedies Though no offer was made by Alan to Damien but an offer later made by Damien was accepted by Alan. So, there is a concluded contract amid the two. Alternative Dispute Resolutions Normally, the legal dispute is resolved in courts but the same are costly and time consuming. So in order to have faster resolution of disputes there are other dispute resolutions called Alternative Dispute Resolution (ADR) techniques. ADR can be done in the following ways. (Statecourts, 2016) Mediation Mediation is the procedure under which a third party (neutral person) tries to resolve the dispute between the parties without going into fault of parties but by guiding them. The main aim of the mediator is to focus on the resolution of the dispute without forcing his views or decision on either party. (Buttler S, 2016) Benefits In mediation the parties who are in dispute decide the result at the end. It saves the time which would have been taken in long litigation. The cost involved is also quite less. The parties can understand each others point of view. It can help in saving the relation between the parties who are in dispute and lead to future working and good relation among them. The parties do not approach court which in turn does not dent their reputation in market due to legal cases. Drawbacks In case the mediator is a not a lawyer then there may be issues regarding the language of the final decision of the mediator. A mediator does not provide legal advice. The parties to mediation may try to influence mediator in many ways which may influence his decision. Arbitration In Arbitration, the parties who are in dispute with each other agree over person/persons who is/are third party and neutral to the parties in dispute. The parties in arbitration are accompanied with their lawyers who present their case to the arbitrator and the arbitrator gives his decision upon the material provided before it and as per the merit of the case. The decision of the arbitrator is binding upon the parties. (Findlaw, 2016) Benefits The arbitration is cost effective as compared to litigation. The arbitrations are generally time bound and thus the decision takes much less time as compared to litigation. As both parties decide the arbitrator, so the decision of the arbitrator carries fairness for both the parties and the parties abide by same as they have faith in the person. Finality of arbitrators decision makes it most appropriate system. Simple procedure as compared to courts. The arbitration is not carried in open court so it provides confidentiality to parties. Drawbacks When the decision of the arbitrator is challengeable then the parties may move to court adding cost after arbitration. If parties approach court after arbitration then it is time consuming. Sometimes the fairness issue is there as the companies sometimes hire same arbitrator who favours them in matters referred to them. Location of arbitration can also be suffering for party as it involves more cost and time in order to approach a far destination for arbitration. There is no jury as the arbitrator is himself a judge. The arbitrators decision even if it is incorrect is very hard to appeal. Reference List Articles/Books/Journals Cheshire et al, (2012) Law of Contract. Nicolas TW (2016) The contract Law. Jalil A (2011) Clarification of Rules of Acceptance in Making Business Contracts. Vol. 4, No. 1; March 2011. Case laws Carlill v Carbolic Smoke Ball Co[1893] Clarke v Dunraven (1897). Hyde v Wrench (1840). Merritt v Merritt[1970]. Mondial Shipping and Chartering BV v Astarte Shipping Ltd (1995). Nash v. Inman [1908]. Payne v Cave(1789). Online Material Buttler S (2016) The pros and cons of mediation at:https://gjclaw.blogspot.in/2015/03/the-pros-and-cons-of-mediation.html. Findlaw (2016) https://adr.findlaw.com/arbitration/arbitration-pros-and-cons.html. The Law Teacher (2016) capacity law https://www.lawteacher.net/lecture-notes/contract-law/capacity-lecture.php. SLD (2012) Requisite elements in the formation of a contract https://singaporelegaladvice.com/law-articles/requisite-elements-in-the-formation-of-a-contract/. Statecourts (2016) overview of alternative dispute resolution https://www.statecourts.gov.sg/Mediation_ADR/Pages/Overview-of-Alternative-Dispute-Resolution.aspx.