Democracy Essay Example | Topics and Well Written Essays - 1500 words

Majority rule government - Essay Example Generally the pioneer is on a vanity job. Second, a theocracy which is a type of rule whereby authority is vested to people of a similar family on the grounds of monetary or money related may. Under present day order there exist various sorts of systems as proposed by Tilly (2007). These are: First fascism which is a system under the standard, one nation, one state, one ruler. A solitary individual has all the forces with no other individual or body to challenge his forces. There exists a solitary ideological group under such initiative. The value of such administration is that dynamic procedure is quick on the grounds that the phase of counseling isn't there or is insignificant. The impediment is the mistreatment of people’s conclusions and abuse of intensity by the tyrant. Tyranny is for the most part supported when there is submissiveness by people in general on a specific head or obliviousness with respect to the electorate on another type of authority. The electorate ough t to be sharpened on various initiative styles and numerous gatherings ought to be given a stage for their development in order to give the open different belief systems to look over. Second, vote based system is essentially administered by the individuals, by the individuals and for the individuals. The upsides of such guideline are that need is given to the requirements of the individuals. Pioneers are picked by the individuals and work on their requests. Numerous ideological groups with different philosophies fortify majority rule government while one gathering framework debilitates it. The presence of numerous ideological groups builds the expense of offering the gathering's belief system to the individuals and the political race process. Federalism This is essentially the guideline of offering forces to different bodies and such like establishments. These bodies have the ability to oversee freely. The focal government carefully manages expert in security just as outsider approa ch however these bodies can have overall duties. Federalism developed because of the craving to maintain a strategic distance from unified standard. The researchers related with federalism pushed for self-governance and assorted variety in organization, strategy making and asset use. They differ on the course of action of having a solitary unit having this power. Federalism accordingly removes overabundance powers from a solitary unit to keep away from abuse and wastefulness and circulates it to different units. Much of the time this empowers development. Federalism ought to be progressively energized particularly in states where force is by all accounts given to a solitary establishment or ruler. Such a circumstance has made it extremely simple for there to be an abuse of power or mistreatment of the minorities. One of the foundations that could be effectively used to designate forces to various organizations and check these forces is the legal executive. It makes an interpretation of as per the constitution what controls every single body should gangs in this way advancing federalism. In many cases parliaments, whenever given an excessive amount of intensity, demoralizes federalism. This is the point at which it makes bills and absent a lot of thought to what the open wants passes this bill into law. Equivalent Opportunity Equal open door implies the scratching off of those enactments that would presumably realize separations. These may be in the political field, financial or social. In the past political endeavors were carefully saved for men. They involved approach making workplaces just as usage and organization. Ladies never found the opportunity to have a state. In a general public that has equivalent possibility philosophies; a few components must be obvious in the rules controlling such equivalent possibility strategy. First there must be the range into which arrangements made relate to. Second the deeds to be investigated must be spread out. Third me thods of placing into activity the rules just as those in control Last

A Kinematic Analysis of a dominant versus non-dominant leg football Lab Report - 1

A Kinematic Analysis of a predominant versus non-prevailing leg football kick - Lab Report Example In this examination, a correlation will be made between the kinematics of the kicking of the prevailing leg and that of the non-predominant leg. This examination plans to read the kick for shooting the ball and for achieving low-drive ball. The goal of this investigation is to apply the data that improves the abilities and level of execution of the non-prevailing leg of the soccer player. Further to that, this examination targets looking at discoveries on the biomechanics utilized in soccer kicks for the distinguishing proof of new perspectives and variables impacting the presentation of soccer kicks. Soccer match is among the most well known games all around. The hostile activity in the soccer match is the soccer kick. The group with most of shooting stands more prominent chances to dominate the match. In such manner, it is exceptionally fundamental to improve the soccer kicking strategy in the preparation programs among the youthful enthusiastic soccer players. The adequacy of instep soccer kicks is influenced by different factors, for example, the sort of kick, the kicking good ways from the objective, environmental weight (air opposition) and the technique for principle kick according to the portrayal of the biomechanical examination. Prior investigations have investigated the subtleties of biomechanics in the soccer development. New changes have occurred in the exhibition of soccer kick, for example, the three-dimensional kinematics. Different developments incorporate the joint-minutes, which drive the joint development, football execution components and different elements influencing the biomechanics of soccer kick. The basic kinematics of lower appendages in the instep soccer kicks have recently experienced appraisal. These interest the assessment of the rakish kicking position, the precise speed and the joint direct kinematics included. The direct speed of the lower leg hips and the knee in soccer kicks toward the beginning of the development to purpose of contacting the ground, at that point at last to the ball sway (Mizrahi et al, 2000). A few investigations of soccer-kick

The Geotechnical Engineering On Soil Engineering Essay

The Geotechnical Engineering On Soil Engineering Essay Numerous dirts can demonstrate tricky in geotechnical designing since they can grow, breakdown, experience over the top settlement, have an unmistakable absence of solidarity or be destructive. Along these lines various soils have various shortcomings and cause various issues this issues can run from a little split in the divider to a sinkhole that pulverizes a town. During the practicality examination and arranging phases of activities that includes foundation, it is critical to recognize tricky soils since this could spare expenses or potentially upgrade of the undertaking later on. On the off chance that it is noted before the venture is begun the task can be moved or the dirt acclimated to fulfill the undertakings needs. A part of the Gautrain rail, around 16 km, from Pretoria to Centurion navigate on dolomitic grounds. Of this 16 km about 5.8 km of the rail were built on viaduct with the rest of the part legitimately on ground level. It is realized that the development on the issue soil dolomite is troublesome. At the point when an advancement is attempted on dolomite it requires unique examinations that are led by pro in the examination of dolomitic landscape. Created territories, for example, Gauteng have elevated levels of urbanization. The development on dolomite in these regions represents a potential hazard to the security of numerous individuals and the structures wherein they work and live. In this report the topography of dolomite, were it tends to be discovered, why the dirt is viewed as risky just as the arrangements and upgrades that should be possible to have the option to expand on dolomite will be talked about. 2. Area and dissemination Point by point soil maps would be a first decision of data source in a common development venture when data on the dirt kind is required. Be that as it may, except for certain metropolitan territories of the Western Cape and the Gauteng Provence, definite soil maps are not regularly accessible (P Page-Green, 2008). A blend of angles, for example, geography, atmosphere and the dirt example are the essential things of South African soil maps. There are two significant dolomite events in South Africa to be specific, in the Transvaal Sequence the Chuniespoort Group and in Griqualand west Sequence the Campbell Group (Wagener F von M, 1985). Soils that create on dolomite have exceptional issues. These dirts are best distinguished from standard land maps. While building on dolomite it is vital that the degree of the issue is distinguished well ahead of time in this way the utilization of soil maps during development is regularly repetitive. It isn't in every case simple to recognize dolomitic soils since it isn't regularly legitimately presented to the surface. Generally talking about 25% of the Gauteng area, and parts of Mpumalanga, Limpopo and the Northern Province are underlain by dolomite. These zones can be seen on the topographical maps underneath were the blue parts are the dolomite.http://t3.gstatic.com/images?q=tbn:ANd9GcSGUgF0OReutcRPt8uC2klISB-nMc-Adm_G0YlBqowa1WYU14FPZQhttp://t3.gstatic.com/images?q=tbn:ANd9GcSGUgF 0OReutcRPt8uC2klISB-nMc-Adm_G0YlBqowa1WYU14FPZQ Figure : Distribution of dolomite in Gauteng Figure : Distribution of dolomite in South Africa (Council for Geocience, 2008) On the guide cry it very well may be seen that the territory among centurion and Pretoria were the rail of the Gautrain was built is underlain by dolomite. The band of dolomite encompasses the granitic arch of Johannesburg Figure : Geological guide of the region encompassing the Gautrain site (Gautrain,2009) 3. Topography of Dolomite Antiquated carbonate rocks contains dominatingly two minerals in particular calcite (CaCO3) or dolomite (CaMg(CO3)2). A carbonate rock is known as limestone in the event that it is commanded by calcite (over 95% with under 5% dolomite), when it is overwhelmed by dolomite (the mineral) it is called dolomite (the stone) (Warren, 2000). At the point when dolomite is in a stone development it contains over 90% dolomite with the rest of the segment being calcite, detrital minerals and chert. Not many sedimentary dolomites are carefully stoichiometric, for example CaMg(CO3)2, and can be better spoken to as: Ca(1+x)Mg(1-x)(CO3)2, by including the range from calcian to magnesian dolomites (Warren, 2000). Dolomite is one of the 8 significant issue soils (Expansive, Dispersive, Collapsible, Saline, Acid sulfate containing material, Compressive, dolomitic, and soils inclined to liquefaction) found in South Africa (P Page-Green, 2008). Dolomite which is a stone containing calcium-magnesium carbonates have an unmistakable elephant skin surface when endured by even somewhat acidic water. Figure : Elephant skin enduring of dolomite (Council for Geocience, 2008) This enduring happens when water takes up carbon dioxide from either the climate or the dirt to for a frail carbonic corrosive. It takes up the most carbon dioxide from the dirt since it contains 90% more than the atmosfhere. Dolomite has a higher solvency that different rocks with the huge arrangement saw in months or years since the disintegration forms is gradually in somewhat acidic water. Elephant skin enduring of Dolomite This procedure might be spoken to with the accompanying science condition: CaMg(CO3)2 + 2 H2CO3  à ¢Ã¢â‚¬ ’â Ca(HCO3)2 + Mg(HCO3)2 The disintegration procedure in this way prompts the arrangement of underground surrenders as well as cavities. After this enduring procedure has occurred the development of Wad, an unpredictable leftover soil mantle happens which at that point overlays the dolomite bedrock. The known attributes for this frail Wad material are low thickness, profoundly erodible and exceptionally compressible. These attributes of the dirt make it unacceptable for establishment expanding on it. Inside this Wad layer extremely hard chert can be discovered extending from 7mm to 1m top to bottom. This chert (silica) structures groups that are spasmodic and since it is found in the delicate Wad it is unsatisfactory to help an establishment. Inside the dirt layers flouters or also called stones of strong stone are available. These flouters are framed because of zeniths that have either fallen or have been subverted. The floaters are encircled by soil making development on it perilous since the size of the floater and the quality of the dirt undelaying it isn't known. The bedrock of dolomitic layers comprises of a progression of rock zeniths. These zeniths are regularly between 10 20 m long. In boreholes bored only 10 m separated the bedrock profundity can contrast by 30m or more. The profundity of the strong bedrock from ground level can differ from a couple of meters to profundities that are more prominent than 100 meters. On account of the Gautrain the strong bedrock was discovered 30 meters beneath the ground surface at a portion of the locales. It is difficult to figure out where the bedrock is. Along these lines specific drillings (review gaps) should be made to decide the area of the strong bedrock. These gaps are penetrated to guarantee that an establishment isn't expand on a floater or on the hard chert layer. 4. Why the dirt is risky Two of the city hall leader issues related with dolomite are the arrangement of sinkholes and dolines. 4.1 Sinkholes As the dolomite debauched pits structure which prompts the development of splits as a curve. These splits get more extensive and longer as the dirt is disintegrated and the pits get greater. At the point when the hidden soil is activated in the center by an upsetting specialist or the depressions get large enough a sinkhole is framed. With little sinkholes the cross-segment takes after a bottleneck as soil falls through a cavity. Sinkholes can happens out of nowhere or after some time and structures an opening going in sizes. The sinkhole can be arranged as far as its size as proposed by Buttrick and Van Schalkwyk, as appeared in the table beneath. Greatest width of surface indication (m) Phrasing Little sinkhole 2 5 Medium-size sinkhole 5 15 Enormous sinkhole > 15 Extremely huge sinkhole Table 1. Recommended characterization of sinkholes as far as size (Buttrick Van Schalkwyk, 1995) Figure : the development of a sinkhole The development of sinkholes can straightforwardly be connected to the adjustments in the water table. Practically all sinkhole arrangements are because of human exercises. These exercises incorporate the dewatering because of mines, releasing utility administrations and deliberation of ground water. Sinkholes can be sad and can prompt loss of property or live as noted previously. 4.2 Dolines Dolines can be portrayed as an encased melancholy. Dolines structure because of the pressure of the dolomite residuum at specific profundities. There are two primary sorts of dolines in particular dewatering type and immersion type. There is another kind of doline that is alluded to as a halfway created sinkhole which is brought about by the disintegration of the subsurface materials (Council for Geocience, 2008). Dewatering-type Doline A dewatering-type doline happens continuously till it frames an enormous encased sadness toward the finish of the procedure. The system behind the development of this kind of doline can be summed up as follow: Inside the dolomite rock profile there is a zone that is profoundly endured which is loaded up with possibly exceptionally compressible material. A piece of this material is typically lowered underneath the current groundwater level. When the groundwater level falls quickly the recently lowered and unconsolidated soil is uncovered which brings about a lessening of the pore water pressure. The thick layer of wad that is uncovered by the brought down water table may cause unnecessary pressure and quick surface settlement. A plunge also called a downturn of the surface is brought about by the settlement. Because of respectful development surface pressure breaks happen in the encompassing zone. Surface Saturation-type Doline Surface immersion type dolines are generally under 5m in breadth along these lines moderately little. The component behind the development of this kind of doline can be summed up as follow: Happens in circumstances where compressible dolomitic material underlay a territory at generally shallow profundities with the gr

Cold War Essay Example | Topics and Well Written Essays - 2000 words

Cold War - Essay Example It is called Cold War on the grounds that the relations were frigid in any event and never arrived at breaking point to welcome on a shooting war. It is likewise 'cold' in light of the fact that each attempt to sabotage each other's political force. There were a few zones where conceivably both were at loggerheads and where another WW III could have followed had more sweltering heads won. In West Berlin, Russia barricaded this US,UK and France-controlled zone with a divider that made the last interpret that they were purposefully captured. A dtente followed when US did a gigantic carrying of provisions as opposed to utilizing power. In the Iron Curtain, Stalin persuaded these Slav and Balkan nations to acknowledge socialism as type of government since Russia required them as support states against Germany yet the Allies interpreted this as an extreme its image of government. In Greece and Turkey, Russia disapproved of when there the Truman Doctrine was applied for example US gave reserves and monstrous guide with the goal that both might have the option to oppose socialist endeavors to enslave them. In Western Europe, the US thought of the Marshall Plan, which was a multi-billion guide program to remake the practically bankrupt countries assaulted by WW II. Russia responded with alarm since that would make it hard for them to incite disagreement and discontent. At that point the NATO, made out of USA, Britain, Canada and Western Europe including West Germany was built up with the end goal of commonly making sure about themselves from conceivable socialist military hostility. In spite of the overweening strain and heightened threats, no full-scale war exuded. Also, this was on the grounds that USA had imagined the nuclear bomb and shown how it can resolve clashes with critical outcomes. It is a result of the improvement of these nuclear and nuclear bombs, rockets and different arms stockpiles of war and in view of the unpredictability of plans associated with upsetting the adversary that secret activities turned into an essential apparatus to outmaneuver the opponent. As right on time as the 1920's, USSR through its NKVD and OGPU knowledge operators, had just entered the State and the War Departments and other government organizations by selecting left-inclining Americans, outside conceived Americans and Russians as spies to get grouped and private privileged insights and transmit3 them to Moscow as microfilms or as scrambled links. At that point, the enthusiasm of the Russian government operative ring was the modern and military privileged insights of USA and the principal focus for invasion was the FAECT(Federation of Architects, Engineers, Chemists and Technicians) and with fulfilling results (Usdin 28). In one case, it was found that reconnaissance had arrived at the top echelon of the State Department with Alger Hiss, one of its high ranking representatives got flatfooted when Time Magazine manager Whittaker Chambers, himself an admitted Soviet specialist, appeared and affirmed that Hiss gave to him a microfilm of State Department records. Indeed, even the movie business was not saved as the HUAC (House Un-American Activities Committee), frightened by the pattern of left-inclining films, cross examined executives

Mediating Of Organizational Identification -Myassignmenthelp.Com

Question: Examine About The Mediating Of Organizational Identification? Answer: Introducation Maxfield (2016) in his article featured the effect of the way of life of quietness in the working environment. The individuals will in general remain quietness, regardless of whether they find out about the offense or deceptive direct is being taken by their associates. It is seen in a considerable lot of the cases over different various associations that the representatives are hesitant to speak more loudly on the off chance that they discover any defect in their bosses contribution to the organization. This is because of the dread of bad conduct or negative effect that may emerge in their bearer. Comparable proof can be seen in crafted by Nafei (2016), where he distinguished that numerous wants to oppose the offense that happens in the work environment or some other circumstance in the in their day by day lives, however just a couple can remain against it. This possibly diminishes the authoritative presentation. The article of Maxfield featured huge numbers of the situations where the profitability of the association confronted critical fall because of the inadequate choice taken by the more significant position authority. In any case, this could have been maintained a strategic distance from as the representatives could distinguish the hole in proposition made that at last came about declination. The article additionally proposes a few strategies for changing the way of life of quiet existing among the workers. Maxfield accept that the way of life of quiet is a typical consider present each association. He further expect this is a consequence of uncertainty in the work environment that the representatives feel. This makes them clumsy for remaining against the wrongdoing occurring. Besides, the creator distinguishes that the workers burn through a lot of time and profitability thinking, compensating and griping about the issue with their partners. These have direct effect on the efficiency in the authoritative level and in cases it can go down as less as half of their potential profitability (Maxfield, 2016). Fortunately there are approaches to beat the circumstance, where the pioneers of the association need to stand firm to destroy the issue. The creator has recommended a portion of the strategies that may assist the association with overcoming the circumstance. Be that as it may, no proof of proficiency of the strategies are introduced in the article, which can be distinguished as the pri ncipal confinement of the article. Besides, the creator didn't recommend the technique of actualizing the strategies, which can be viewed as the second constraint of the work. Both subjective and quantitative information are available in the article that causes us to distinguish the nearness of both the technique for information assortment and investigation. It tends to be expected that the creator has used the shut finished poll for gathering the information on the assessments of the workers with respect to the problem that needs to be addressed separation and offense. Subjective information then again is accepted to be gathered utilizing the open finished survey (Flick, 2015). The subjective information were gathered from both the workers and the higher specialists of associations fused in the examination. Thus, it is conceivable to the proof nearness of a blended strategy in the Maxfields work. Moreover, the proof of arbitrary testing strategy is available in the article. The creator directed the examination more than 1025 administrators and representatives in different associations paying little mind to the business. Instances of human services alongsi de other modern firms can be utilized as the supporting proof for the above explanation. The examination recognizes the way of life of quietness in various associations structure expanded bearings that winds up communicating comparative outcomes. An examination on the human services mirrors that 90% of the medical attendants dont talk up to the doctor in spite of thinking about the danger of the technique being directed. It puts the patients lives in harm's way. In addition, the examination on the working environment wellbeing distinguishes that 93% of the representatives in associations acknowledges that they are typically mindful of the dangers, anyway they dread to talk up to the higher specialists or are reluctant to shout out. In demonstrate hatred for, 78% of them whine to other people, 66% engage in pointless work, 53% ruminate the issue, and half blow up with respect to the issue. Indeed, 40% of these respondents concede that they squander around fourteen days or so in because of these issues despite remaining against it. The expense for this evasion is around $5 0,000 for the organization and $7,500 for the individual (Maxfield, 2016). The course centers around various administration approaches and techniques, and authoritative conduct. The learning gave in the class examines about the hierarchical conduct and how it impacts the authoritative execution. Authoritative conduct is estimated by the recognizable proof of deviation of representative conduct and set of principles (Wood et al, 2016). The quietness culture that has been talked about in the article is one of the major conduct gives that the associations face. The idea of quiet puts any association under significant danger as it builds the hazard factors. As referenced by Maxfield (2016) in his article, the representatives confine themselves from supporting any recognized hazard for the organization because of the weight forced by the predominant position. They are in consistent dread in regards to their security inside the association. It may be professional stability or working environment provocation, whatever the explanation is, the representatives dread to oppose the unrivaled for anything chose by their bosses. This builds the danger of a task, yet in addition diminishes the hierarchical productivity. It is a direct result of the factor that the representatives sit around idly examining about the hazard with their kindred associates or outrage they hold inside about the theme. This conduct saw in the associations over different businesses conceivably diminishes the proficiency as it is identified with the ideas of authoritative conduct. (a) Maxfield proposed four strategies the administration can use to beat the issue presented by the quiet culture in any association. The principal strategies talks about changing the discernment. The individuals dont frequently shout out because of their dread of results that may bring about. The administration can force the danger of negative ramifications for not shouting out. This procedure uses the dread inside the worker for a positive result. Furthermore, workers need to oversee their feeling while at the same time making some noise. It is seen that a large portion of the informants take out their anger in the discussion, which should be maintained a strategic distance from to proceed with a sound discussion. Adamska (2017) concurs with the third strategy proposed by Maxfield and states that the administrators can take to thought process the representative is to have a sense of security making some noise in the circumstance. It is will limit their dread of the outcomes that is the essential issue saw in the quiet culture. The fourth strategy is a continuation of the third where the workers ought to be urged to make some noise in the agreeable condition gave by the chief. (b) The thoughts gave in the article not just assistance the supervisor to settle the quiet culture issues in the working environment, yet additionally help in recognizing them. As per Morrison (2014) causing the representatives to feel safe can at last cause them to make some noise about the explanation they don't challenge the issues that they face in their work environment. In addition, the risk of not making some noise will help can likewise cause them to unveil the difficult they face in making some noise in any circumstance where the predominant aren't right in deciding. Morrison (2014) further contended that these can conceivably help them in recognizing the primary driver the representatives don't represent against an inappropriate. It can likewise help them understanding if the issue is inside the work environment or in their day by day lives. (c) According to Kahya (2015) the principal strategy proposed by the Maxfield isn't an answer for this situation as it won't resolve the issue of dread. Utilizing dread for increasing positive result may sound helpful for increasing transient bit of leeway, yet it is unable for long haul gain. Henceforth, proposal can be made for the third strategy. The chiefs can facilitate the working environment condition by diminishing the pressure. This will help the representatives a lot more secure in their work environment, which will assist them with handling the circumstance. The more secure the representatives feel in nature, the more prominent the brain will perform. It will help the administration getting progressively inventive thoughts for expanding the development of the association. The representatives won't just remain against the hazard, however can likewise give thoughts to determine it. Article 1 : Gkorezis, P., Panagiotou, M., Theodorou, M. (2016). Working environment segregation and representative quietness in nursing: the intervening job of hierarchical identification.Journal of cutting edge nursing,72(10), 2381-2388. Article 2: Mannion, R., Davies, H. T. (2015). Societies of quiet and societies of voice: the job of whistleblowing in medicinal services organisations.International diary of wellbeing strategy and management,4(8), 503. Gkorezis, Panagiotou and Theodorou (2016) worked the quiet culture relating it to the medicinal services area. They featured the way that the medicinal services segment experiences the best risk the quiet culture in the association as they manage the patients lives. There are numerous confirmations noted, where the medicinal services suppliers got away from the hazard at last. The way of life is available significantly after support because of the nearness of alienation in the working environment condition. Medicinal services outrages in numerous nations give unmistakable proof of the huge inadequacies in the assurance and backing offered to informants in any event, when they raise authentic concerns (Mannion Davies, 2015). References Adamska, K. (2017). Quiet and ending the quietness in an organization.Roczniki Psychologiczne/Annals of Psychology,19(1), 89-101. Flick, U. (2015).Introducing exploration approach: An amateur's manual for doing an examination venture. Sage. Gkorezis, P., Panagiotou,

Cyber Terrorism and Cyber Crime - Free Essay Example

CERTAINTY OF CONTRACT There are two aspects to the issue of uncertainty. (1) The language used may be too vogue in which case, the court is likely to hold that there is no concluded agreement , the contract is void for uncertainty. (2) Failure to reach agreement on a vital or fundamental term of an agreement. SECTION 30 1. Agreements, the meaning of which is not uncertain, or capable of being made certain, are void. * If A agrees to sell to B ‘a hundred tons of oil’ , there is nothing whatever to show what kind of oil was intended and thus , the agreement is void for uncertainty. . Where the meaning is unclear but it is capable of being made certain, the agreement is not void for uncertainty. * A agrees to sell to B ‘one thousand gantangs of rice at a price to be fixed by C’. As the price is capable of being made certain, there is no uncertainty here to make the agreement void. KARUPPAN CHETTY v SUAH THIAN In Karuppan Chetty v. Suah Thian (1916) 1 F. M. S. L . R. 300 , the contract was declared void for uncertainty because the parties agreed to lease of $35 per month ‘for as long as he likes’. The terms are uncertain as the duration of the lease is not specified or capable of being made certain. Free Consent To form a valid contract, it is important that parties agree to contract freely and without any form of force or external influence which clouds a person’s mind. SECTION 10 * All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object are not hereby exspressly declared to be void Free consent is the basis of a contractual relationship. There must be a meeting of the minds as to the nature and scope of the contract, a consensus ad idem. The consent of the parties must be given freely and voluntarily. SECTION 13 * Two or more persons are said to consent when they agree upon the same thing in the same sense. SECTION 1 4 * Consent is said to be free when it is not caused by: coercion undue influence fraud misrepresentation mistake EFFECT OF VOID AND VOIDABLE CONTRACT * According to section 2 (g), an agreement not enforceable by law is said to be void. When the agreement is void, no rights are given to the parties, and no obligations are imposed on them. * An agreement which is void has no legal effect ab initio * According to section 2 (i) states that an agreement not enforceable by law at the option of one more of the parties thereto, but not at the option of the other or others, is a voidable contract. * In a voidable contract, one of the parties is given the choice, either to continue the contract or to discontinue the contract. The agreement is valid and binding until the party who is entitled to rescind the contract chooses to do so. * When the party who is entitled to rescind a voidable contract exercises his option to rescind the contract, the consequence is as stated in: SECTION 65 * When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. The party rescinding a voidable contract shall, if he has received any benefit thereunder from another party to such contract, restore he benefit so far as may be, to the person from whom it was received. * On the other hand, the consequence of a void contract is stated in: SECTION 66 * When an agreement is discovered to be void, or when a contract become void, any person who has received any advantage under the agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it. * If the contract is void, there is no option to proceed with the contract. The contract must come to an end and whatever benefits received therefrom must be restored to the party who gave the benefits. COERCION * According to the section 15, coercion is the committing, or threatening to commit an y act forbidden by the Penal Code, or unlawful detaining or threatening to detain any property. * Examples of an act forbidden by the Penal Code are causing grievous hurt, kidnapping, criminal force and assault, rape. The effect of a contract entered into as a result of coercion is that the contract is voidable. According to the section 19 (1), when consent to an agreement is caused by coercion, fraud, or misrepresentation, the agreement is a contract voidable at the option of the party, whose consent was so caused. KESARMAL/O LETCHMAN DAS v VALIAPPA CHETTIAR A transfer of property which was made under the order of the Sultan, issued in the ominous presence of 2 Japanese officers during the Japanese occupation of Malaysia was held to be not valid. This is because, the consent given was not free and therefore the transfer became voidable at the will of the party whose consent was so caused. UNDUE INFLUENCE * This happens where one of the parties to a contract, entered into such contract by influence of the party who was able to influence him. SECTION 16 (1) A contract is said to be induced by â€Å"undue influence† where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. RAGUNATH PRASAD v SARJU PRASAD In this case, the court held that 3 matters are to be dealt with under: SECTION 16 (3) The relations between the parties to each other must be such that one is in a position to dominate the will of the other * The issue whether the contract has been induced by undue influence * The burden of proving that the contract was not induced by undue influence lies upon the person who was in a position to dominate the will of the other PRESUMPTION OF DOMINATION * In certain circumstances, a party is deemed by law, to be in position to dominate the will of another SECTION 16 (2) (a) and (b) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another: * Where he holds a real or apparent authority over the other, or where he stands in a fiduclary relation to the other * Where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress * By virtue of section 16 (2) (a) and (b) there are 3 situations in which the law presumes domination of will to exists: * When one party holds a real authority over the other Where one party stands in a fiduclary relationship to the other * Where a party makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental or body distress * In such situations, the plaintiff does not have to prove the contract being unconscionable * If the dominating party claims that there is no domination of will, the burden to rebut the pres umption of domination lies on him by giving evidence to the court * The effect of undue influence in a contract is that the contract is voidable as stated: SECTION 20 * when consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who is entitled to avoid it has received any benefit thereunder, upon such terms and conditions as the court may seem just. SALWATH HANEEM v HADJEE ABDULLAH The plaintiff’s husband made a conveyance of property belonging to himself and the plaintiff to his brother’s B and C. The plaintiff initially agreed to the conveyance but after her husband’s death, she brought an action seeking to set aside the agreement on the ground of undue influence. It was held that a confidential relationship existed between the plaintiff and B and C. Therefore the burden of proof was on B and C to show that the plaintiff fully understood the agreement and had agreed to the conveyance freely and without being subject to undue influence. Since both B and C failed to discharge the burden, the contract of conveyance was set aside. FRAUD * According to the SECTION 17 is includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with the intent to deceive another party thereto or his agent, or to induce him to enter to the contract. DERRY v PEEK It was decided by the court in this case that fraud is proven when it is shown that false representation has been made either: * Knowingly * Without belief in its truth * Recklessly, careless whether it be true or false ELEMENTS OF FRAUD * There must be a false representation The representee must have relied on the repsentation WEBER v BROWN Plaintiff sued Defendant for damages in respect of an alleged false and fraudulent misrepresentation relating to the number of rubber tress on an estate which he purchased. The number of trees represented was more than that which actually existed on the estate. It was that the Defendant had made the alleged misrepresentation falsely and fraudulently MISREPRESENTATION * It is a false statement made by the representor, and which such false representation induces the other party to enter into a contract. According to SECTION 18 misrepresentation includes: * The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true * any breach of duty which, without intent to deceive, gives an advantage to the person committing it, or anyone claiming under him, misleading another to his prejudice, or to the prejudice of anyone claiming under him * causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement ELEMENT OF MISREPRESENTATION * There must be false represe ntation, either through a positive statement or some conduct * The representation must be one of fact, not a mere expression of opinion * The statement was addressed to the party mislead * The representation must induce the mislead party to enter into the contract * The party misled must prove that he was induced by the representation * He cannot be said to have been induced by the representation did not influence his mind at the time of entering into the contract or he was aware hat the statement was untrue. EXPLANATION SECTION 19 A fraud or misrepresentation which did not cause the consent to a contract of the party on whom the fraud was practiced, if the representation to whom the misrepresentation was made, does not render a contract voidable. ILLUSTRATION (b) to SECTION 19 A, by a misrepresentation, leads B erroneously to believe that 500 gantangs of indigo are made annually at A’s factory. B examines the accounts of the factory, which show that only 400 gantangs of indi go have been made. After this, B buys the factory. The contract is not voidable on account of A’s misrepresentation. * The effect of misrepresentation in a contract is that the contract becomes voidable as provided in SECTION 19 (1) * If the mislead party chooses to affirm the contract, he is entitled to damages as provided under SECTION 19 (2): * A party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true. MISTAKE SECTION 21 * Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void. For a mistake to be operative under this section, it must be mistake of both parties and it is as to a matter of fact essential to the agreement * The basis for rendering agreements void under SECTION 21 is that there has been no free consent between the parties * Mistake can either be mutual mistake or unilateral mistake * SECTION 21 covers mutual mistake : both parties to an agreement are under a mistake * Mistake of fact essential to the agreement may occur in the following circumstances : a) Mistake as to the existence of the subject matter of the contract * Both parties are unaware that the subject matter of the contract has ceased to exist A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of the bargain, though neither party was aware of the fact. The agreement is void. b) Mistake as to the identity of the subject mistake * Both parties are at cross-purpose, therefore, in fact, there is no agreement on the same thing in the same sense and in other words, no consent RAFFLES v WICHELHAUS 2 parties contracted for a sale of a cargo of cotton arriving in London by a ship called â€Å"The Peerless† sailing from Bombay. But unknown to both parties, ther e were 2 ships of the same name leaving from Bombay at different times. They were both negotiating under a mistake and had in mind different ships, It was held that the contract was void for mutual mistake. c) Mistake as to the possibility of performing the contract BROTHERS LTD v OCHSNER SHEIKH The appellant granted to the respondent, licence and authority to contract and manufactured all sisal growing on 5000 acres of land in Kenya, and to deliver to the appellant 50 tons per month of sisal fibre for sale. Respondent was then unable to do so as the leaf potential of the sisal was not sufficient to produce that much. It was held that there was a mistake as to the possibility of performing the contract. The agreement was void. MISTAKE AS TO DOCUMENT The general rule is that a person is bound by the terms of the contract that he signs as laid down in an English case: L’ESTRANGE v F. GRANCOLS. SUBRAMANIAM V REKNAM The defendant had signed a written acknowledgement in the Eng lish language of a loan when he was ignorant of the language. The court applied the general rule that he is bound by what he signed, seeing that there was no fraud or misrepresentation.

Effects Of Exercise On Brain Health - 1623 Words

There is ample evidence to demonstrate that through the normal ageing process alterations to the brain in structure and function are directly related to cognitive changes (Glisky, 2007). With an increasing ageing population strategies for prevention of disease and age related cognitive decline are necessary to improve quality of life and reduce the associated healthcare costs (Australian Government Productivity Commission [AGPC], 2013). Physical exercise is known to be crucial in maintaining physiological health; it can also be used as a means of neuroprotection and assist in modifiable risk factors for improved brain health and subsequent cognitive function. This review will critically analyse current research into the effects of exercise†¦show more content†¦Smith et al. (2013) took a less studied approach to improving cognitive decline by testing the effects of aerobic exercise on adults (60-88 years old) already suffering from cognitive impairment. After 12 weeks of mode rate exercise there was an improvement of memory and neural efficiency across all subjects. As discussed at the Alzheimer’s Association International Conference [AAIC] (2012), elderly people who had reduced cadence, velocity and stride length of just 1.7cm were seen to have greater declines in cognition, memory and executive function. These gait related restrictions were associated with an overall smaller brain volume (Bridenbaugh Kressig, 2013). Having reduced mobility results in an accelerated cognitive decline as being in the same environment regularly provides little stimulus to keep the mind active. Gait restriction can be improved through physical therapy and although it may not increase lost brain volume it can assist in reducing the effects of further decline (Patla, 1991). Due to the inconsistency between studies there is no definitive exercise dosage or type that can aid in protection against dementia. However, from the evidence provided it suggests that higher levels of exercise can be used as a neuroprotective mechanism to prevent the onset ofShow MoreRelatedThe Effects Of Physical Exercise On Brain Health1572 Words   |  7 PagesThe Effects of Mental Exercise and Physical Exercise on Brain Health Physical exercise does not only promote physical appearance and the body’s health, it also promotes brain health. The brain is a dynamic organ that replaces and repairs neurons throughout life. When people engage in exercise, rarely do they think about the potential affects it has on their brain. People that work out utilize various amounts of motor skills that have been acquired gradually through practice. Those utilized motorRead MorePhysical Exercise and Cognitive Functioning in Children1691 Words   |  7 PagesThe purpose of this study is to look at if physical exercise will help the healthy cognitive development in children and adolescence and this paper will illustrate that the same facts are true for children and adolescence, and will stress the importance of exercise for children optimal brain development and growth. The current studies show that physical activity has a positive effect on attention, neuroplasticity and intellectual development in children and adoles cence. The studies also seem toRead MoreEffect Of Exercise On Health1499 Words   |  6 PagesThe Effect of Exercise Upon Health The philosopher Plato (427-347 BC) said: â€Å"Lack of activity destroys the good condition of every human being, while movement and methodical physical exercise save it and preserve it† (Vina, Sanchis†Gomar, Martinez†Bello, Gomez†Cabrera, 2012, p. 2). 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The results revealed that the prevalence rate was 6.7 percent in peopleRead MoreExercise May Help Improve Your Mental Health By Helping The Brain Manage Better With Stress1205 Words   |  5 PagesExercise may help improve your mental health by helping the brain manage better with stress. Stress is just a reaction to a stimulus that disturbs our physical or mental equilibrium. It is pretty much in our everyday life and we have to find a way to lower the stress. A stressful event can cause the â€Å"fight-or-flight† response, causing hormones such as adrenaline and cortisol to rush through the body. A small amount of stress, known as â€Å"acute stress,† can be exciting because it keeps us active and