Developments in Public Personnel Field

This paper deals with the trends, issues and challenges that are being faced by the public personnel. These trends and issues may be categorized under (1) Management practices; (2) technology; and (3) Economic and Politics. Governments all over the world should learn this time what to do with their public personnel so that they can become more efficient and more effective in the face of all the mentioned challenges. . IntroductionPublic or Civil Service is a big part of the lives of the citizens of a nation whether they want it or not. There are a number of government agencies that require the services of public servants and professionals. These professionals are free from the political affiliations of people who serve in the bureaucracy. There are developments in the society, in the technology and other areas of management that have an impact in the lives of public personnel. This essay explores these new trends, strategies, approaches by looking at different areas that affect the l ives and performance of public personnel.These new trends, issues and emerging practices will be divided into three major categories: management practices, technology and economic situation. The first category deals mainly with the emerging issues in management such as diversity, the rights and benefits of public personnel and how the government is reacting to these trends. Secondly, the technological advancements that impact the work of public personnel will be looked at, carefully noting how these are revolutionizing the way that public personnel do their work. Lastly, the economic developments in the United States and the world will also be noted together with their impact on the lives of workers in the Civil service sector.The government as an employer should take note of these developments and keep up with the times. Oftentimes, however, bureaucracy tends to react too slowly to the changes going on in the world. If this is the case, the public personnel will be disadvantaged. N onetheless, this paper will also put forward several recommendations as to how the plight of public personnel could be improved by the government through the effective and efficient use of resources in their respective organizations.Management PracticesWorkforce DiversityOne of the most important developments in public personnel in the twenty-first century is the increasing recognition of diversity in the operations of public offices and agencies. Such diversity stems from the multicultural fabric of the American society. There are African Americans, Asians, Europeans and Latino in the United States.It is impossible to exclude these people from becoming public personnel if they possess the skills and the educational requirements of serving in the Civil Service. Through the victories won by the Civil Rights movement in the United States in the past forty years or so, the US has come a long way in granting equal rights and opportunities to people of various skin colors.The immigration to the US has also continued in the past few years that the demographic has changed. Through the process of globalization, more and more people from various nations are coming to the United States. Managing a diverse workforce is therefore becoming an imperative for most corporations and multinational companies in the US. This should also be the case with public personnel (Farazmand, 2007).There are a number of benefits that workforce diversity could offer to public offices and agencies. For one, perspectives and viewpoints in the office concerning pressing issues and concerns will be diverse, thus, providing the decision maker with the ability to look at different angles before making important decisions. Without diversity, people will, more or less, look at something from virtually same lenses and perspectives. With diversity, however, there are new perspectives that could enable a broader look at issues plaguing the civil service and the rest of the society.One factor that influ ences the occurrence of diversity in both private and public organizations is the prevalence of migration and mobility of labor. People from diverse backgrounds often find themselves mingling with people from other nationalities (Mavin & Girling, 2000). Diversity, however, is more than just a collection of nationalities within the organization. Rather, there are several sources of diversity that can serve as a point of conflict within the organization—public or private. Managing diversity, therefore, is an art that most public agencies and organizations should be dealt with effectively. These sources of diversity include gender, race, ethnicity, linguistic barriers, sexual preferences and religion.As stipulated in the Constitution and the laws of the United States, these kinds of differences should in no way affect the employment of persons or prevent them from enjoying the privileges accorded to any person within the civil service of the country. The problem, however, is tha t, in a setting such as the public agencies and organizations, there are persons who may have strong feelings, prejudices and biases against any of these sources of diversity and they may condescend to those who are not like them. As such, they might not be able to get along with certain kinds of people in the civil service.Multiculturalism and the prevalence of diversity should be met with effective public personnel management strategies. The management should not be reactive and act as if they are always pacifying people, trouble-shooting problems and ironing out conflicts. Rather, diversity should be managed well by allowing practices and the organizational culture to become attuned to diversity. After all, the labor force has become heterogeneous and there seems to be no way to stop that at this stage (Sippola, 2005).Proactive management of diversity entails understanding the cultural and other differences among different peoples who belong to the organization. This also helps t he management become more attuned to the composition of the public personnel workforce and make the necessary recommendations in terms of managing these personnel.Diversity is one thing that could help the organization thrive in the highly competitive world of the twenty-first century. Through diversity, the perspective of an organization becomes broader and the way in which the organization reaches out to people belonging to different groups.There is an increasing sense of job insecurity in the United States, work hours cannot be completely controlled and the leadership style of managers may sometimes be unsuitable to that of the expectations of the organization. The well-being of the organization should not be compromised (Sparks, Faragher, & Cooper, 2001).The Need for Entrepreneurial LeadershipAnother problem plaguing the bureaucracy and the civil service in general is too much reliance on tried and tested formula without exploring new possible ways of dealing with different prob lems and challenges that the government agencies are facing. Too often, leaders in the government fail to look beyond the proverbial horizon of their respective agencies. As such, what happens is that they rely on previous records, previously successful formula rather than on carefully crafted strategies that address the present situation of their organizations. This is where entrepreneurial leadership comes in.One of the keywords closely associated with entrepreneurship is innovation. This is the continuous pursuit for improvement and looking for new areas to improve the operations of the organization. If this were present in most public agencies, then the personnel can be empowered as they become more effective and efficient in fulfilling their tasks. Unnecessary delays and red tape in the public offices tend to affect the level of innovativeness of public agencies in information technology and other areas of operation (Moon & Bretschneiber, 2002).Entrepreneurship is also closely associated with risk. If managers are willing to engage in risk in the name of innovation, then the organization will become bolder in pursuing entrepreneurship and innovation. When this happens, the followers will emulate the example of the bosses, and they, themselves, will engage in efforts and action that could lead to a more efficient and effective public service organization.Technology  Internet, Web 2.0 and Business ApplicationsThe twenty-first century is marked by break-neck speed of technological breakthroughs and innovation. The world is still reeling from the impact of near instantaneous communication. The possibilities seem to be endless. When one company offers a product, three weeks later, a rival presents another product that is better and usually smaller than the one previously being offered. These technologies are changing the landscape of public personnel management, including the way in which business and office work are being done. These emerging technologies a re outlined in the next discussion.The Internet. The world is very much connected now, thanks to the wonder that is the Internet. With the number of websites all over the world today, the Internet has become a storehouse of articles and knowledge. Through these websites and other features of the Internet, readers and other users are able to check out the most recent breakthroughs in various fields of study in the world. More than that, with a simple click on the mouse, research can be undertaken. This means that workers can do more now that they are connected to the rest of the world (Sullivan & Lewis, 2002).Technology allowing workers to log on to the company intranet even while in a long distance from the office is now available. This is called remote access and makes use of the network of the Internet while putting forward a security means to protect the company from breach and security compromise (Sullivan & Lewis, 2002).Email is another important factor of the internet that has come to the fore of business operations in the past few years. Without email, the world will continue to rely on snail mail, which is a much slower and inefficient means of communication. With email, the sender can directly type in the message on the computer screen, hit the send button and then wait for a few seconds before the receiver opens the email. Another great thing about emails is that they can be used as vehicle of sending over large files over long distances (Sullivan & Lewis, 2011).Voice over internet Protocol. Another interesting feature of the Internet that has recently come to the attention of the world is Voice over Internet Protocol (VoIP). This significantly lowered the cost of voice communications over the Internet. This feature has been integrated into various instant messaging protocols such as Skype, Windows Messenger, AIM and Yahoo Messenger among others.It is also possible now to hold live video and audio streaming. This has implications in holding video con ferences over vast areas of land and territory. Hence, live video and audio streaming can help public agencies lower the cost of communication as they meet online. The security of information passed over the Internet is another important concern that must be addressed. Hence, the developments in Internet security and anti-virus technologies help users protect the users and the data that they are feeding and manipulating in the Internet. Information is a very important asset, particularly for public agencies that are serving the broader public. Thanks to the efforts of developers and anti-virus companies, most hackers are kept at bay and prevented from wreaking havoc in the systems of public agencies (Jackson & van der Wielen, 1998).The Internet, together with sound IT infrastructure is already installed in most public agencies. This enables the agencies to dispense social services more quickly and more efficiently. Without technology, such social services will be inaccessible to sev eral sectors in the society (Jones & Dages, 2003). Given the many distractions at work, however, more and more managers realize the importance of introducing regulations and control mechanisms concerning the websites that may be accessed by the public personnel at work. While they are at work, if the IT system is open, then they can listen to music while at the same time enjoy the resources for their own personal use.The reality of digital distraction and information overload among workers is also looming over the twenty-first century public personnel. As such, there should be a means of ensuring that only information pertinent to the job of the public personnel are accessed by the workers during the work session. Otherwise, they will be subject to information overload. Information technology at work is a double-edged sword. It can get a lot of things done but if improperly used, it may also be harmful to the productivity and overall performance of an individual worker (Jackson & va n der Wielen, 1998).The twenty-first century has been hailed as the coming of the knowledge economy where the workers are not only dealing with products and services but rather, they are dealing with information, data and knowledge. As such, technology is a prerequisite for the effective functioning of the public personnel in various areas of government and operations of such agencies.Teleworking and Telecommuting in the Public SectorThe advances and breakthroughs in the technology mentioned above paved the way for the emergence of teleworking and telecommuting among the professionals in the United States. There emerged a new brand of professionals who do not have to report to the office of the agency as long as they are doing the job they have agreed to. Although telecommuting is not a new phenomenon, it has been around since the late 1980s. The only difference now is that the technology has made it so much convenient for teleworkers to thrive in the present system (DiMartino and W irth, 1990).As long as a teleworker has access to computer and good internet connection, he may deliver the work he agreed to. There are also a number of telecommuters from other countries who do the work for the public and private sectors in the United States. Another related process being utilized nowadays is outsourcing. Workers and companies outside of the United States establish partnerships with companies in the US so they can handle the operations of some areas of business.With the increasing popularity of outsourcing and telecommuting, the organization should arrive at a sound plan how to manage these kinds of worker. Of primary concern is the growth of teleworkers as professionals in their field and how they get the services that they deserve (Cooper, & Kurland, 2002).Teleworking has a number of impacts on the public personnel. It might be opted by employees who are taking care of a family member at home needing special attention, by a mother who wants to spend more time wi th her kids or by any other professional who simply wants this kind of arrangement. Teleworking is being used in the private sector but it can also be implemented in the public sector.Teleworking may be considered as a really radical departure from the usual mode of working as public personnel. Teleworkers enjoy an immense level of flexibility in terms of fulfilling their role and still pursuing other interests that they want to pursue.Teleworking, however, may be considered as a security breach in an organization that holds sensitive information in its data bank. In addition to this, teleworking introduces a level of uncertainty and difficulty in managing people. This is why, management should look into an acceptable means of accommodating both the usual full-time staff and those who have opted for teleworking.As the public sector start dealing with teleworking, it should carefully look into the pros and cons of the arrangement. Through this, they can maximize the presence of the t eleworker in the organization while at the same time, making sure that its pitfalls are removed or at least minimized.Individual worker is really at the center of the teleworking arrangements. As long as there is an internet connection and computer, the teleworker can deliver his work. If possible, the organization should also undertake psychological tests to ascertain whether a certain employee is ready for the rigors and loneliness of the being a teleworker.Economy and PoliticsGlobalizationBecause of the rapid advances in communication and transportation technologies and the inter-relationships between and among the countries of the world, the nations are being brought closer together in a process known as globalization (Tomlinson, 1999).The changes being brought about by globalization are far-reaching and broad because it targets the politics, economics, culture and other areas of life (Castles, 2001). Globalization can no longer be ignored because it has impinged on important pr ocesses that go on in the society. It is also not just a national issue but a worldwide one. If this process continues, then the world can become a borderless society in which labor and other resources can move freely without a lot of hassle.In the management of public personnel, globalization has also become a real issue that must be dealt with by the bureaucracy. Globalization is also attacking the established authority of the state over a certain territory, such as a nation-state. The role of the state and the government, therefore, is changing under the relentless impact of globalization.The focus of globalization is efficiency, decentralization and the trimming down of the bureaucracy. In terms of public personnel, this means letting go of a lot of employees and retaining only those who process the core processes and who are able to continue the operations of the agencies that will be affected. With globalization, this means that there will be greater decentralization and dereg ulation of power and autonomy (Bevir, Rhodes & Weller, 2003).The government, however, cannot simply do that without major repercussions. There has to be a careful study as to the kind of jobs and personnel that will be retained and which positions will be let go. If possible, will there be roles that can be combined? This way, the government will be able to save money while at the same time ensuring that the processes being looked after by the public personnel will be continued.ConclusionThe twenty-first century world is very dynamic. Technologies are changing very rapidly, the relationships between and among the countries of the world are becoming stronger. Economies are trading more freely and governments are still in charge of running their own respective territories. This is being done with the help of public personnel who are in the bureaucracy and who are continuously serving the needs of the government and of the people they are serving.There are three main areas of concern t hat impact the changes in public personnel. These are in the areas of Management Practices, Technology, and Economics. Of particular interest is the increasing popularity and significance of workplace diversity and the manner in which public organizations should deal with it so that it can maximize its impact and its efficiency. In addition to this, the advances in technology is paving the way for alternative modes of working such as teleworking and telecommuting. Lastly, globalization also has an important impact on the way that public personnel are being treated and how the public sector can generate savings from the process. Reference Bevir, B, Rhodes, RAW, & Weller, P. (2003). Traditions of governance: interpreting the changing role of the public sector. Public Administration, 81 (1), 1-17. Castles, FG. (2001). On political company of recent pubic sector development. Journal of European Social Political Policy, 11 (3), 195-211. Cooper, CD & Kurland, NB (2002). Telecommuting, professional isolation, and employee development in public and private organizations. Journal of Organizational Behavior, 23 (4), 511-532. Daniels, K., Lamond, DA, & Stranden, P. (2000). Managing Telework. New York: CENGAGE Learning. Farazmand, A (2007). Strategic Public Personnel Administration. New York: Greenwood Publishing Group. Jackson, P. and Van der Wielen, J. (1998). Teleworking. Routledge, London. Jones, JW & Dages, KD (2003). Technology Trends in Staffing and Assessment: A Practice Note. International Journal of Selection and Assessment, 11 (2-3), 247-252. Mavin, S. & Girling, G. (2000). What is Managing Diversity and Why Does It Matter? Human Resource Development International, 3 (4), 419-433. Moon, MJ & Breschneiber, S (2002). Does the Perception of Red Tape Constrain IT Innovativeness in Organizations? Unexpected Results from a Simultaneous Equation Model and Implications. Journal of Publication Research and Theory, 12 (2), 273-292. Sippola, A. (2005). HRM of a Diverse Workforce: Challenges of Emerging Cultural Diversity. Proceedings of the 18th Scandinavian Academy of Management (NFF) Conference, Aarhus, Denmark, 18-20 August 2005. Sparks, K., Faragher, B & Cooper, CL (2001). Well-being and occupational health in the 21st century workplace. Journal of Occupational and Organizational. Sullivan, C & Lewis, S. (2002). Home-based Telework, Gender, and the Synchronization of Work and Family: Perspectives of Teleworkers and their Co-residents. Gender, Work and Organization, 8 (2), 123-145. Tomlinson, J. (1999) Globalization and Culture. Chicago: University of Chicago Press.

Divorce and remarriage Essay

1. Some people believe that the best way to decrease divorce rates would be to make divorce more difficult to obtain. Others think it would be better to make marriage more difficult to obtain (i.e., require counseling). What do you think? What are the pros and cons of each approach? Based on what you learned from reading the textbook, how would you go about developing a comprehensive program or social policy to reduce divorce? Learn more about current divorce laws at: http://www.divorcesource.com/info/divorcelaws/states.shtml and about marriage laws at: http://usmarriagelaws.com/search/united_states/. 2. What advantages does the initiator have in the divorce process? How is the divorce process different for the initiator, compared to the person who is left? 3. Explain why a woman’s standard of living declines after divorce while her husband’s increases. 4. What are some of the individual risk factors that increase the likelihood of divorce? 5. How is remarriage an â€Å"incomplete institution†? 6. Why is it riskier today than in previous generations for women to choose to be homemakers? 7. Which is more likely to end in divorce, a first marriage or a remarriage? Why? Be sure to use information from the textbook to help you answer these questions. 1.Some pros of making marriage more difficult to obtain would be that there would most likely be a lower divorce rate. But I think that a con that would come out of making marriage harder to obtain would be the fact that people  might not want to get married as often. People usually don’t like waiting that long for something they want so I doubt that we would have that many marriages anymore. Being that said, I think that would be a pro of having divorce harder to obtain. People wouldn’t want to wait that long for the process, so they might try to work out things with each other and try to fix their marriages more often than they do now. A con of this though would be that there is so many people being married, that I think the divorce rate would be even higher. Maybe people might even get married while they’re drunk if the marriage process was easier and then we would still have divorce rate high. 2.The initiator in the divorce would know that the divorce was coming and they would have time to prepare for it. For an example, they would have time to stock up on their money for a few months in advance to telling their partner that they want to split, so when they do, the initiator can move out and find an apartment. The person who is being told about the divorce does not have time to prepare for anything and may become financially unstable if they have to move out of the house too soon. The initiator also has the advantage of controlling their emotions while they are telling the person they want a divorce. They have already done through the emotions because they knew they were going to divorce their spouse and when they tell their partner, their partner still has to grieve and go through the process, which the initiator already has done. 3.In today’s world, women are still getting paid less than men and if women are going through a divorce, they are having to pay for everything themselves now and are looking for the cheap things to buy instead of expensive things. Men on the other hand do not think of the potential loss of money that will come from the divorce and continue buying what they were buying before, plus more, which will raise their standard of living and drop the womens’ standard of living. 4.One risk that I think of right away is that if you were raised in a single parent household growing up, you will most likely stick to that routine you have had all of your life and once you get married, you’ll think that it’s  not for you. You will want to get divorced because you were used to not having that other person around. Another factor would be if you and your partner disagree of having children. People who disagree on big life decisions are likely to get divorced. You are also more likely to get divorced if you have no children, because you are not staying in the relationship for anyone but yourself and you don’t have your children’s feelings to worry about.

Mills-pennisula radiology program Personal Statement

Mills-pennisula radiology program - Personal Statement Example I have a strong passion for working at the hospital but I have not been able to achieve my objectives due to some licensing issues. I write to ask for your kind consideration since this is the only program that can help me reach my goal of becoming a radiology technologist. This is also in consideration of the fact that my dream of becoming a qualified and registered radiologist and to practice in this area wholly depends on my ability to work and be awarded a well recognized certificate from a reputable institution. Before joining MRI school, I worked with the United Airline for more than 9 years in different positions. For instance, I worked at the customer service where I interacted with the clients for quite some time before being promoted to the position of customer service supervisor. In this position, I was able to gain some skills such as management skills that involve being able to mobilize resources in order to ensure the organization achieves its targets. This position also involved interacting with the clients, and therefore my social interaction skills were greatly improved considering the fact that I need to have good communication skills. Due to my high adaptability and flexible nature, I was further promoted to the position of resource supervisor. Working in this position made me learn vital management skills; it made me learn how to manage resources such as time, materials, and people. I was entrusted with all the organizational responsibilities, all of which I was able to carry out effectively. Carrying out these responsibilities improved my leadership skills, communication skills, and my ability to lead and supervise subordinates effectively. I have also learned how to run projects from the planning stage to their completion since the organization had some projects to complete. I have also worked at the MRI clinic which gave me a realization that it means a great deal being in a

Cold War conflict Essay Example | Topics and Well Written Essays - 2500 words

Cold War conflict - Essay Example But was the defeat of the Soviet Union the only thing that happened during the Cold War' There is more to this story from which America emerged smelling like a rose and putting itself on the pedestal of world redeemer; after all, it had been the nation instrumental in freeing the world from the clutches of Hitler and then afterwards, barely snatching the world from Russia's snapping communist jaws. Who really paid the price of victory' It was the defenseless and even back then, marginalized third world countries which, depending on what kind of resources that the U.S could draw from them, controlled with the skill of a master puppeteer. This was mostly done by putting into place right wing dictatorial leaders who would ensure that these mostly new democracies would not be lured into communism and gang up with the Soviet Union against the U.S. The end results were disastrous to say the least, and it was these broken countries that were left behind to pick the pieces as America stood o n an international podium to receive accolades for her victory. It is no secret that with the abolition of slave trade in the late 1800s the little interest that the United States had in Africa simply petered out. The colonialists had divided the continent into territories that they claimed for themselves and ran ragged as they chose. America, being an anti-colonialism nation, disapproved from a distance but did not step in to intervene. However, after the Second World War and with the rise of the Cold War, America's interest in African states was on full alert1. America had this fixed perception of African countries and other third world countries as not being ready for their own democracy. She saw African countries as being too primitive and backwards for self governance. The U.S believed that African countries had to be guided into self governance as it was something completely beyond their comprehension. This resulted in years of U.S meddling with African affairs that has persisted to date. Why the United States suddenly took an interest in the affairs of African nations is because they believed that these nations were not ready for independence. The United States was afraid that the freshly independent nations, who had such limited experience of democracy, would be exposed to communism and that they would embrace it instead of capitalism. But the U.S could not afford to have an Africa aligned to the Soviet Union; hence they became active in African affairs because now they had a vested interest. The only way to avert such an eventuality was by determining what kind of governments that there would be in these 'unstable' African nations. The kind of governments that the U.S preferred were the authoritarian types which were not tailored on true democracy. Such governments would ensure that the people stayed in line and could feed propaganda to the masses as they deemed fit. The U.S took it upon itself to not only tell African states how to govern themselves but also chose African leaders who she felt would forward her own agendas. Right from the

Supply Management System for RCA Dissertation Example | Topics and Well Written Essays - 7000 words

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French Revolution Essay Example | Topics and Well Written Essays - 5000 words

French Revolution - Essay Example The new order, or at least the aim of the new order, was the establishment of a peoples' republic where private property is owned by the feudal lord is berated, religion does not play any role in politics or in the lives of the people and a general will is represented by a group of bourgeois leftists. Although when the revolution ended, France was ruled by an emperor, Napoleon Bonaparte. If we look at 1789 France and try to determine the causes of the French Revolution, one fails to identify any decadence of its system. For instance, it was the largest, wealthiest and most powerful state in Western Europe. Its intellectuals led the Renaissance and then the Enlightenment era. French bourgeoisie was prosperous and well-established. Peasants owned and cultivated 40 percent of the land. What reason was there for a revolution Norman Gash (1989) quoting Napoleon's statement argues that the reason for French Revolution was nothing but vanity and that liberty was just a pretext. "One can see the argument. The aristocracy, only 2 per cent of the population, enjoyed a privileged position which their actual services to the state hardly seemed to justify. What the urban and professional middle classes clearly wanted was greater social recognition, easier access to rank and power and wider careers for their talents. Ambition and envy are impelling motives. (Gash, 1989) Lefebvre (1939) on the other hand asserts that the reason why French Revolution took place was the rise of the bourgeoisie presented by the Enlightenment philosophes as a better alternative to absolute monarchy. The philosophes of Europe appeared to have turned against the age of empires and monarchical rules supported largely by the clergy and the aristocracy. In bourgeoisie, the intellectual community invested lot of hopes perhaps for the reason that they opposed the aristocracy and offered an economy that was more egalitarian and involved for the first time in Europe's history the people. This paper will make an attempt to examine the question whether Rousseau's Concept of the "Social Contract" had a foremost influence on the intellectual development of the French Revolution and inspired its leaders. The paper will describe the salient concepts of Rousseau's Social Contract theory and enlist the events that took place during the ten years of the French Revolution (1789-1799). An attempt will be made to answer the question by studying the development of the Revolution and comparing that with Rousseau's social contract theory. It is important to note that the French Revolution was not influenced by Rousseau alone but it would not as well be completely out of place to assert that he wrote down the manual and the revolutionaries built the revolution by following his step-by-step instructions. In fact, Rousseau was one of the philosophes of Enlightenment which basically pushed the idea of liberalism based on virtue, reason, toleration and so on. Other philosophes

Did Lebanon fall apart in the 1970s and 1980s because of the Essay

Did Lebanon fall apart in the 1970s and 1980s because of the Arab-Israeli conflict - Essay Example The Arab-Israeli conflict had a direct hand in the political instability which developed in Lebanon since, as an Arab country, it came to be pulled into the conflict.i Lebanon, in an attempt to show solidarity with the Palestinians because of Israeli occupation got themselves in the wars, which the Arab states of Jordan, Egypt, and Syria launched against Israel. Despite the fact that the Lebanese army did not do much during this conflict and its success was minimal, it came to become one of the havens for the Palestinian liberation movements. While these groups were provided with a safe haven in Lebanon, their strength within the country grew so much that they started getting involved in the local political affairs. The arrival of these groups as well as the influx of Palestinian refugees increased the sectarian tensions, which were lurking just beneath the surface of the Lebanese society. One of the most significant events that developed from the Arab-Israeli conflict and came to be a contributing factor in the destabilization of Lebanon is that which led to the Black September in Jordan.ii When the Jewish state was formed in 1948, the remaining Palestinian territories came under the control of Jordan and Egypt, with the former occupying the West Bank for maintaining its own security. Jordan had quite a large number of Palestinian refugees, who formed about half of its population, and when it occupied the West Bank, the Palestinian population doubled to form one third of the total Jordanian population. This country suddenly found itself in a situation where its native population had become a ruling minority. This situation inevitably led to a conflict between the two groups that formed the population of Jordan, especially when the Palestinian Liberation Organization (PLO) established itself within the country. Black September is the conflict, which arose between the Jordanian government of King Hussein, and the

Terrorism as a response to U.S. foreign policy Essay

Terrorism as a response to U.S. foreign policy - Essay Example (2009) cites, â€Å"the US arms uncritically supports Israel in its barbaric war against the Palestinians; it is hard to overemphasize the damage this does to the American image and interest in the Middle East† (p. 3). The foreign policy that focused only on the home security and border defense boosted sales of weapons but by cutting down the values of morality to a great extent. More logically, transformation of aggression and enmity into productive enthusiasm based on humanity can improve the situations and manage the conflicts to a great level. But the US foreign policy faces the criticism for arrogance against Muslims. A journal critically points out that â€Å"the zealotry that led to the tragedy of September 11th cannot be tolerated, but some grievances in the Islamic world deserve more serious consideration by Americans† (Johnson & Caruson, 2003, p. 9). Instead of the focusing on rivalry, America can utilize foreign interest in education and scientific researches by inviting global partnership. The country can make ties with developing economies and promote global peace. It can also stop instigating wars for the settlement of international issues, and promote the prospects of modernization through westernization in the fighting countries. Moore, D. (2007). A book review of Terrorism and American foreign policy: Intelligence in recent public literature, by P. R. Pillar (2001). Retrieved from

Interview Analysis Research Paper Example | Topics and Well Written Essays - 1000 words

Interview Analysis - Research Paper Example The brand name played a vital role in purchasing the laptop. Apple is a household name not only in the US but also across the globe. Everyone recognizes that the products produced or manufactured by Apple are world class. Apple as a company is the best company that deals with computers, phones, and other electronic devices. Apart from these devices, Apple is well known for its operating system, Mac OS. Its line of laptops is respected for being the best in the market. In developed countries, virtually everyone is using a MacBook as his or her most trusted laptop. MacBook is a brand name on its own and when combined with Apple it becomes a force to reckon with in the world of laptops. The name indeed played a major role when choosing the type of a laptop to purchase. From the interviewee, it is apparent that the speed and graphics of this computer model were the main reason for buying the laptop. Therefore, my advice to the marketing manager will revolve around these two factors and mainly on the processor speed. For Apple to continue enjoying the leader role in the computer market, it has to continue producing these kinds of computers. If possible, the management should improve the current model in terms of speed since their competitors are doing their best to lure customers to buy their products. To keep up with a competitive and open market one has to make high-quality computers that are not only defined by their speed but also their graphics. Presently, Apple is performing extremely well in this sector.

A critical response to the Marketing Myopia article Assignment - 1

A critical response to the Marketing Myopia article - Assignment Example Therefore, fulfilling the needs of customers translate to intense buying and selling products. Additionally, customers often feel comfortable to buying or engage in business with institutions that fulfill their business needs. Therefore, Theodore Levitt’s article â€Å"Marketing Myopia† is a platform that provides the management of businesses with understanding why and how to improve the productivity of businesses and the real needs of customers towards this growth. Levitt is advising the marketers to focus further on the market that shall modify products and companies instead of focusing on their own companies. Modifying products ensures that these products increase value thereby catering for the changing demands of customers and the business community. According to Levitt, first priority should be directed to the market, which is the customer. To emphasize on his new marketing myopia, Levitt uses numerous business institution (Levitt, 2004). For example, Levitt  focuses on the business productivity on Hollywood and in the same concern he possess a question â€Å"if Hollywood was into television rather than movies, wouldn’t it have profited more?† The ideals presented or posted by this question are actually true. Most of the Hollywood crowd usually concentrated in making movies than in money. In the real sense, there is much money in the television than in movie making. Through this question, Levitt is challenging business to c heck and if possible to change their strategies. Notably, if Hollywood could have thought of the television market, it would have made more money that what they currently make (Levitt, 2004). With Hollywood and Sony among other television channels, Levitt introduces new marketing idea termed as the marketing myopia theory. The myopia marketing theory concentrates on marketing strategies where companies are not only needed to be product oriented and technically sound, but the theory also needs

Hamlet cigar Essay Example for Free

Hamlet cigar Essay The well known brand for cigars Hamlet is produced by Japanese Company. It was initially launched in the year 1964 in United Kingdoms. Their tagline spread a little happiness is well described in their art work. Art Work for Hamlet Cigar Art work for Hamlet Miniature Cigar’s urinal advertisement is very interesting. It has the background of a men’s washroom. A tall man’s back is placed on the extreme left who is urinating, while in the 80% of the remaining art work three vertically challenged people are standing. Being short heighten they can’t reach up to pee in the urinal. One standing in the right has his knees bent and the one standing in left has his knees crossed. They both have flinching expressions on their faces and they holding their stomach. Where as the third vertically challenged person standing in the middle looks content and is smoking and offering Hamlet Cigar from the packet to the person standing left to him. Though his legs are a little bent too which mean he also wants to take a leak but his expression are very cool and calm. The moral of the advertisement is Hamlet Miniatures Cigar can satisfy you even in the dire of situations. Top right of the green tiled bathroom wall has cigar’s cover pasted. Their tagline ‘Spread a little happiness’ is placed right next to hamlet miniature cigar cover. The fonts are big and in white making it prominent on green background due to the color contrast. This advertisement received 19 complaints. It was considered offensive and vulgar. It was more of a mockery to short people. The company in its defense claimed that it was portray of problems these people face in their daily lives (BBC, 2002). Never the less, the art work conveys the message very clearly to its target audiences.

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a particular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009). One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a unilateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable onl y upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004). The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004). On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004). The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004). The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009). However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract. However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004). The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the need for communicat ion of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror. One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted. The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a cust omer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of  £488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it. The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009). The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consider ation for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consideration for a promise of reward. The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract. The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so; otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions: social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife  £30 a month to return to Ceylon wit h him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money. There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract. The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following: contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004). There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor. The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable; giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important jus tification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met: threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Th ird, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009). As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that. The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example: An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy. 1b. Analyze the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, about their relative dut ies rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid. Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers. One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer. In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet. Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner: every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a va lid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract. In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is wh ere one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd. There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract. However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd. The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally. However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake. Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of  £65,000 a year; he had meant to offer it at  £126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that. Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno