Wednesday, August 26, 2020

Assessment in Schools Essay

1. Purposes behind Assessment Diagnosis: helping youngsters to set up a pattern and comprehend their advancement, quality and grow needs. Acknowledgment and inspiration: recording and compensating learners’ progress and accomplishment. Standard setting: affirming levels and limits of accomplishment Differentiation and choice: empowering bosses and advanced education suppliers to comprehend what youngsters have accomplished, and how people contrast and their companions. 2. Motivation behind Assessment. Determination Standards Teachers input Motivation Assess status for future learning. Groundwork forever â€Å"life resembles this† Evaluate educational plan viability Information to others Statement of educational plan Attainment Record of progress-after some time 3. Pattern and benchmarking Purpose of standard plan Characteristics of a gauge plot Chapter 4. Target Setting 6. Evaluation for learning. Appraisal for learning is tied in with supporting study hall learning and educating. It associates evaluation and picking up/instructing. What is evaluation for realizing? Evaluation for learning. is a piece of viable arranging centers around how understudies learn is perceived as vital to study hall practiceâ is a key proficient ability is touchy and valuable cultivates inspiration advances comprehension of objectives and causes students realize how to improve build up the limit with regards to evaluation perceives every single instructive accomplishment Key Issue: 1. Contribution, conversation and criticism Sharing measures Discussion Feedback Involvement 2. Arranging and proof Gathering proof Recording individual learning plans Planning for people 3. Organization Partnership with guardians and understudies 7. Appraisal as learning Assessment as learning is tied in with figuring out how to learn. It associates getting the hang of/instructing and educational program. What is Assessment as realizing? Key issues: 1. Understudies as students Reflection Reporting Self/peer appraisal Motivation 2. Instructors as students Developing evaluation strategy Interpreting proof Collaboration 3. The board of learning Management underpins Manageability 8. Appraisal of Learning Assessment of learning is tied in with social event and deciphering the proof. It interfaces educational plan and appraisal. Get-together and deciphering proof Teacher evaluation is as a matter of first importance about helping students to learn. Major standards Developing Assessment Instruments Application of evaluation instrument Assessment as a finish of-key-stage process Management and observing of appraisal, recording and revealing Recording and proof Planning Reporting to guardians and gatekeepers Assessment as a continuous procedure. Moving Marking and giving input to understudies Using evaluation data to screen progress towards meeting targets Internal/External Assessment Grading Systems Chapter One(1) 1. Purposes behind Assessment Diagnosis: helping youngsters to set up a gauge and comprehend their advancement, quality and grow needs. It is an increasingly nitty gritty sort of assessing the student to discover their capacity, abilities, level of execution, information, understanding, IQ and so forth. Determination causes the educator to have the option to discover the regions of shortcoming of the understudies and their regions of solidarity. It is from these that the educator will along with the understudy plan on a potential strategy to taken so as to help the understudies to meet the instructive they may have. The educator may choose the understudies who need further assessment by the authority to affirm on the off chance that they are confronted with a learning trouble that the instructor will most likely be unable to analyze. This is done in light of a legitimate concern for the understudy I. e. to help him/her defeat the regions of shortcoming and attempt to find the remainder of the understudies. The evaluation assignments ought to be changed in solidarity to have the option to discover the various capacities of the understudies. Acknowledgment and inspiration: recording and remunerating learners’ progress and accomplishment. Appraisal is additionally conveyed with a point of compensating understudy as indicated by their presentation. In certain schools identifications are structured and made to be worn by the top achievers specifically branch of knowledge and in the general execution at each evaluation or stage. The esteem that goes with strolling around the school wearing such an identification persuades understudies to vie for the identifications and feel perceived by their friends as great entertainers in a specific zone of study say science, arithmetic, dialects or even in humanities and applied subjects. In the event that one figures out how to win two three or more identifications they are held in respect by their kindred understudies and given a ton of acknowledgment both inside the school and out. This acknowledgment fills in as a persuading factor for the students to make a solid effort to accomplish in their investigations and other field like in sports. Essentially, such acknowledgment urges understudies to keep up their elevated expectations consistently inspired by a paranoid fear of demolishing the picture they may have made for themselves consequently it helps in molding their character. Sadly, a portion of those low achievers might need to be perceived in an alternate manner consequently may fall back on undesirable conduct. Standard setting: affirming levels and edges of accomplishment. Evaluation causes the educator to set measures of execution in his/her class at specific stages or levels of learning. Along these lines the understudies will be made mindful of the desire by their instructors concerning execution henceforth they will endeavor to fulfill the set guideline. Except if the standard of execution is set numerous individuals will in general unwind and next to no exertion will be made to accomplish the objectives and targets. The setting of principles will assist with heading out apathy from among the understudies and the educators. On the off chance that the students and educators realize they have a standard of execution they have to gauge to, it will make a sense duty in them. It is imperative to have standard of execution set and clarified both to the students and the instructor. Separation and determination: empowering bosses and advanced education suppliers to comprehend what youngsters have accomplished, and how people contrast and their friends. Evaluation separates students at all levels whether it is the prime reason for the appraisal or not. Some way or another, there the individuals who will develop at the highest point of the entire gathering. It is this separation that will decide the admission of understudies into the following degree of their training. Most determination is done based of the appraisal that has just been completed at the past degree of study. Toward the end their course the majority of the understudies are normally granted with declarations of legitimacy. It depends on these testaments that their planned businesses base their thought of choosing potential representatives and welcoming them for interviews. For the most part, the higher the capability one has, the more ability or assignments he has experienced to accomplish what he has accomplished. Thusly, the more the information one is esteemed to have procured and along these lines increasingly equipped hands on showcase. In this manner the rating of the people against the presentation of their companions which suggests how they are probably going to reasonable at the specific employment advertise. Part two(2) 2. Reason for Assessment. Appraisal is conveyed for different reasons some of which are talked about underneath. Choice Institutions base their choices and affirmation of understudies on national assessments done by the understudies at end of level assessment. Typically evaluation results are utilized to rank understudies as far as execution and capacity paying little heed to the various conditions under which they took their assessments. The organizations continue to pick those they feel fit the bill to meet their necessities for enrolment into explicit courses. Along these lines a rundown of essentials is attracted to help the selectors pick the individuals who fall inside the effectively set cutoff points. Gauges The principles of an appraisal are dictated by the instructive arrangement of a nation and the partner of the training framework. The measures set in the nation will decide distributions from the budgetary pack at national level. For example, to improve and keep up a significant level of execution in the instruction area the educator understudy proportion ought to be little, asset made ought to be accessible to the understudies particularly science situated subjects. The gauges are set at the national level, at that point at the school level lastly at the study hall level. The norms of execution will mirror the understudy capacity to advance on with their scholastics to a more significant level. Teachers’ input Teachers use appraisal to get criticism from understudies to empower them in the getting ready for additional guidance to the understudies. The criticism help the instructors to know whether the set goals of learning are being met or not. This implies each educator needs to do evaluation at once or another over the span of training the understudies for learning. They will have the option to know whether they are gaining ground, and if not what could be the potential explanations behind their inability to meet the set targets. These may imply that their methods for guidance be acclimated to suit the student instructive need inside the class. Inspiration Feedback from evaluation can be utilized as a help to the understudies and the educator particularly when the outcomes demonstrate that positive learning is being accomplished. The educator feels that his exertion have not been squandered all things considered while the understudies will feel that their endeavors have been remunerated by having the option to quantify to the measures of the instructors or analysts. Accordingly the two gatherings will set out for their work and obligation with a ton of excitement subsequently positive appraisal result are an inspiration. The guardians will on a similar hand feels that their assets are being used by their children or potentially little girls and will be roused to make greater venture. Evaluate availability for future learning. Appraisal encourages instructive organizers to decide the capacity of understudies to advance in advanced education

Saturday, August 22, 2020

Chapters 4-6 of The Great Gatsby

Sections 4-6 of The Great Gatsby uncovered a ton about Jay Gatsby to the perusers. The primary thing to leap out at me was that Jay Gatsby’s genuine name is really James Gatz. Likewise, Gatsby uncovered that his folks were initially from the mid-western city of San Francisco. It turned out to be evident that Gatsby was carrying on with an existence of vulnerability and that he was a secret who pursued riches and significance. The connection among Gatsby and Nick changed significantly over these parts. It is evident that Nick lost some regard for Gatsby, when he started discovering some key insights concerning his life and where he really originated from. When going to school, Gatsby dropped out following fourteen days since he couldn’t handle the dedicated profession as a janitor to help himself and endure school. When Gatsby requests that Nick go to Coney Island, Nick decreases his offer. Following, Nick is asked by Gatsby to swim, he says that he simply needs to hit the sack. Since Nick is getting some answers concerning Jay, he doesn’t truly need such a lot to do with him. Another creating relationship is the one among Gatsby and Daisy, who recently felt weak at the knees over one another. In spite of being hitched, Daisy begins to look all starry eyed at Gatsby after Nick sets up for them to see each other in mystery, without Tom discovering. Gatsby educates Daisy regarding how he generally imagined about having her affection, and being together. Lamentably for Gatsby, who needs Daisy to leave Tom, Daisy doesn’t make some great memories at his next gathering. Tom, who doesn’t like or trust Gatsby, joined Daisy for the following party to watch out. Clearly, Daisy and Gatsby couldn't interface in how they would have preferred to, and things got ungainly and terrible. As every part unfurls, we are finding out increasingly more about Jay Gatsby, or James Gatz, and who he truly is.

Wednesday, August 19, 2020

Still waiting COLUMBIA UNIVERSITY - SIPA Admissions Blog

Still waiting COLUMBIA UNIVERSITY - SIPA Admissions Blog The Admissions Office has been fielding many calls and emails regarding decisions.     We have not forgotten you.   We began releasing decisions on Wednesday and continue to release decisions as they become available.   If you have not heard from us yet, it does not mean your application is in a better or worse position.   It only means that the Admissions Committee did not complete their evaluation of your application yet.   We hope to provide decisions for every submitted and complete application by the end of next week.   Thank you for your patience.

Sunday, May 24, 2020

Symbolism In The Tell Tale Heart And The Tell Tale Heart

How does the symbolism affect the meaning of a written piece, does it make it more or less important? Symbolism is used to represent ideas; that may imply deeper, hidden meaning than what the text directly states. Symbolism can be used in different ways throughout different books; for example, â€Å"The Tell-Tale Heart†, by Edgar Allen Poe and â€Å"Once upon a Time†, by Nadine Gordimer, contain a variety of symbolism that have the possibility of having two or more meanings. The problem with this is identifying what the text could really mean, and how that changes the story. How does comparing the use of symbolism in both stories and showing the difference in the stories direct text and length, with and without the implied symbolism, answer the†¦show more content†¦He has the old man murdered in his personal bedroom in his bed as the killers weapon. Symbolism in this work of literature is highly important; without it the story would be a slightly confusing,sho wn in the ending of the story when the murder hears the heartbeat, getting louder and louder, but nobody else can hear it and then admits his guilt attempting to stop the sound, metaphorically saying that the guilt (represented by the heart) he carried with him after murdering the old man grew and grew as if it was going to burst out of him, leading him to confess so his subconscious (also represented by the heart ) would be put at ease. Evident by the following quote,†Villains!† I shrieked ,†dissemble no more!I admit the deed! --tear up the planks!--here, here!--It is the beating of his hideous heart!†. Without the use of symbolism in these quotes, the meaning of the quotes and the rest of the piece would mean something completely different; Similar to what would happen in, â€Å"Once Upon a Time† by Nadine Gordimer, if you took out the symbolic pieces and read it specifically as it was written. Like in Poe’s previously stated piece, â€Å"Once Upon a Time†, by Nadine Gordimer is mostly made up of symbolism due to the fact that the story takes placeShow MoreRelatedThe Tell-Tale Heart and Symbolism1208 Words   |  5 PagesLike many of Edgar Allen Poes works, The Tell-Tale Heart is full of death and darkness. Poe used many of the real life tragedies he experienced as inspiration for his gothic style of writing. Poe dealt with many aspects of death and madness in his stories, madness again is playing a key role in the plot. In this short story Poe used literary devices such as point of view and symbolism to give it a more dramatic effect and add to the madness the narrator portrays. Poes use ofRead MoreSymbolism In Tell Tale Heart704 Words   |  3 PagesSymbolism in Tell Tale Heart Introduction To fully understand the strange and disturbing short story of Tell Tale Heart by Edgar Allan Poe, one must understand the main character that is narrating the story. Despite the narrator’s best efforts to show that he is smart, wise and above all else sane. The reader gets the feeling that there is more to the story. Body of the essay The story of Tell Tale Heart is about a man describing how and why he killed the elderly man that he was living with whileRead More Symbolism and Irony in The Tell-Tale Heart Essay2249 Words   |  9 PagesSymbolism   and Irony in The Tell-Tale Heart In Edgar Allan Poes short story The Tell-Tale Heart, the author combines vivid symbolism with subtle irony. Although the story runs only four pages, within those few pages many examples of symbolism and irony abound. In short, the symbolism and irony lead to an enormously improved story as compared to a story with the same plot but with these two elements missing. The Tell-Tale Heart consists of a monologue in which the murderer ofRead MoreSymbolism In Edgar Allen Poes The Tell Tale Heart1174 Words   |  5 Pages How does the symbolism affect the meaning of a written piece, does it make it more or less important? Symbolism is used to represent ideas; that may imply deeper, hidden meaning than what the text directly states. Symbolism can be used in different ways throughout different books; for example, â€Å"The Tell-Tale Heart†, by Edgar Allen Poe and â€Å"Once upon a Time†, by Nadine Gordimer, contain a variety of symbolism that have the possibility of having two or more meanings. The problem with this is identifyingRead MoreEssay on Symbolism in The Tell-Tale Heart by Edgar Allen Poe1155 Words   |  5 PagesSymbolism in The Tell-Tale Heart by Edgar Allen Poe Like many of Edgar Allen Poes works, The Tell-Tale Heart is full of death and darkness. Poe used many of the real life tragedies he experienced as inspiration for his gothic style of writing. Poe dealt with many aspects of death and madness in his stories, madness again is playing a key role in the plot. In this short story Poe used literary devices such as point of view and symbolism to give it a more dramatic effect and add toRead MoreSymbolism in Edgar Allen Poes The Tell-Tale Heart Essay863 Words   |  4 PagesSymbolism in Edgar Allen Poes The Tell-Tale Heart In Poes The Tell-Tale Heart, the narrator claims that he is not mad but his behavior tells a different story. He is truly determined to destroy another male human being, not because of jealousy or animosity but because one of his eyes resembled that of a vulture- a pale blue eye, with a film over it (1206). The narrator sees the man with this ghastly eye as a threat to his well being, but it is he who is a menace to his own being. HeRead MoreConflict And Symbolism In Edgar Allan Poes The Tell-Tale Heart1117 Words   |  5 PagesEdgar Allan Poe’s â€Å"The Tell-Tale Heart†, a short story about internal conflict and obsession, showcases the tortured soul due to a guilty conscience. The story opens with an unnamed narrator describing a man deranged and plagued with a guilty conscience for a murderous act. Edgar Allan Poe was a very popular and magnificent writer back in his day, around the 1800s. You may or may not have heard of him, but, he’s very popular for his dark and haunting poetry and short stories. Two of his most popularRead More Edgar Allen Poes The Tell-Tale Heart and the Symbolism of the Eye1221 Words   |  5 Pagesthe genius responsible for dark, twisting, and often uncomfortably wondrous gothic tales, and one of the best is The Tell-Tale Heart. This is a classic tale of a confused man who is so incredibly bothered by his housemates eye, that he (I am assuming this sexless character is male) thinks the only solution is to resort to cold-blooded murder. Poe incorporates the symbol of the old mans eye in The Tell-Tale Heart, which has both physical and psychological meaning, it also helps to develop theRead MoreTell Tale Heart Analysis1176 Words   |  5 Pagesespecially famous for his tales of mystery and macabre. A popular dark short story, â€Å"The Tell-Tale Heart,† and one of his first and most famous poems, â€Å"The Raven,† are no exception. â€Å"The Tell-Tale Heart† is a story of murder narrated by the culprit himself, while â€Å"The Raven† is a melancholy poem about a distraught lover and a talking raven. The reason why the two works are so well known is because of the effect of Poe’s excellent use of literary devices. Throughout â€Å"The Tell-Tale Heart† and â€Å"The Raven,†Read MoreThe Yellow Wallpaper and the Tell Tale Heart Analysis1189 Words   |  5 PagesHawkins 1 Deidre Professor Connors English 102-15 March 12, 2011 Narrative Unreliability and Symbolisms in â€Å"The Tell -Tale Heart† and â€Å"The Yellow Wallpaper† â€Å"The Tell -Tale Heart† by Edgar Allan Poe, was released in 1843. It is one of Poe’s shortest stories and provides a look into paranoia and mental deterioration. â€Å"The Yellow Wallpaper† by Charlotte Perkins Gilman, was released in 1899. This story also provides a look into mental deterioration and had been misinterpreted when it was

Wednesday, May 13, 2020

Grammar-Translation Method, Audio-Lingual Method and...

Three of the earliest teaching methods were the Grammar-Translation Method, the Direct Method, and the Audio-lingual Method. Discuss these three methods. Also, explain their shortcomings which led to more current approaches in the teaching of grammar to L2 speakers. 1. i) Grammar Translation Method (GTM): Grammar-translation method is the extension of the Classical method which began in Germany (Prussia) in the late 18th century. It was then become popular in the early 19th century. It is one of the earliest teaching methods and was considered as the first institutionalized and the oldest method of language teaching. This is because; GTM was an adopted language teaching method in various schools. In the book, â€Å"The Empirical Evidence†¦show more content†¦By the time GTM was used in normal schools, a new form of method has been developed focusing on the speaking skills. It was then used widely in the private schools, particularly at the Berlitz schools. 2. i) Berlitz or Direct Method: Berlitz or Direct method was first introduced in the 19th century which attempt to build a methodology around observation of child language learning. This method has emphasized more on speaking and listening and uses little emphasize on grammar. This method was developed as a response to the Grammar-Translation method. It required immersing learners the same way L1 is learnt. L2 is used in teaching while grammar is taught inductively. There is a focus on speaking and listening, and only useful ‘everyday language is taught. Major techniques such as the questioning technique were used to elicit student oral production as well as an importance on the ‘here and now’. Moreover, Direct method is the secondary role of grammar. This is because; grammar is deemphasized in speech as it is a direct effect of these techniques. The development of phonetic and phonology somehow has given Direct method an advantage during that time. However, the w ay teachers’ teach is more important rather than any scientific rationale about this method. ii) Shortcomings of Direct Method: There are many critics regarding this method. First of all, many abstract words cannot be interpreted directly in EnglishShow MoreRelatedLinguistic Theories Essay1626 Words   |  7 PagesIn the past, the study of grammar has been investigated for centuries, it was also significantly role in language teaching and learning. The reasons for teaching and learning are different in each period. In some eras, a major aim of teaching and learning was making learners to be able to communicate. In others, it was essentially taught for the purposes of reading and writing. For these reasons, the studies of two linguistic theories, the traditional grammar and the structuralism were created.Read MoreWhat Links Theory Into Practice Within The Classroom1647 Words   |  7 Pagestheory into practice within the classroom. There are many different teaching methods that can be used in the classroom; in this essay I will compare and contrast the traditional grammar translation method, the communicative teaching approach and the audio-lingual method and the communicative approach and how they impact in the classroom environment. Deciding which method is best for the classroom can be difficult as each method has its own strengths and weaknesses both on teacher and the learner, oneRead MoreEnglish As A Foreign Language1136 Words   |  5 Pages Grammar teaching has an irreplaceable place in English as a Foreign Language (EFL) because of the fact that without grammar learners can use the language in a limited way; they may not achieve to fully express their intentions or meaning of the messages in a communication activity. It has been seen that throughout the history, the attention given to grammar teaching has differed from time to time. In the beginnings of the twentieth century, grammar teaching was regarded so essential that other aspectsRead More The Audio-Lingual Method for Teaching Languages1398 Words   |  6 Pageswill be the audio-lingual method which is a teaching method that was first used in the 1950s until the 1970s, although it could be safely stated that the method is regularly used in modern day language teaching. This essay will describe the functionality and history of the audio-lingual method as well as evaluate its usage compared to other mainstream teaching approaches. However before the method is analysed in itself, two factors must be recognised in order to understand the method. These factorsRead MoreThe Evolution of Second- and Foreign- Language Teaching1662 Words   |  7 Pagesthrough change in teaching methods; 2. Innovation through language-related sciences and research; 3. Technological innovation. During the nineteenth century, the Grammar-Translation Method with its emphasis on the transmission of structural rules and analysis of form served as the principal method of teaching modern and classical languages in schools. The goal of studying a foreign language was to learn the language so as to be able to read its literature. Grammar was taught deductively withRead MoreAudio Lingual Method2617 Words   |  11 PagesGGGV 2044 METHODS IN TEACHING ENGLISH AS A SECOND LANGUAGE Semester 2 2009/2010 AUDIO-LINGUAL METHOD: A DISCUSSION (INDIVIDUAL ASSIGNMENT) LECTURER: DR. HAMIDAH BT. YAMAT @ AHMAD LISA KWAN SU LI A123040 TESL/2 2 1.1 INTRODUCTION The Audio-lingual Method (ALM), by its very name – â€Å"audio† and â€Å"lingual† – refers to a language teaching approach that focuses on two aspects of language, namely listening and speaking. Unlike its predecessor, the Grammar Translation Method, which focusesRead MoreThe Purpose Of Education1041 Words   |  5 PagesEnglish than by learning any other language’ (Crystal, 2003, p. 111). Also teaching English will help those who wish to pursue higher education in native countries and will open up a wide range of job opportunities. Certainly there are different methods in which students learn a language best. However based on my experience I would state that students learn a language best by immersing themselves in the language as much as possible, in order to grasp all different aspects of that language. LearnersRead MoreMethodological Approaches Test4679 Words   |  19 Pagesview of learning based on analytical processes. | Score 0.5 / 0.5 Question 5 (.125 points) Certain methods/approaches and trends state specific roles for the teachers and prescribe their types of behavior in the classroom. Below, there is a list about the role that, according to these trends, the teacher should fulfill in the classroom situation. Read it carefully and choose the method/approach it belongs to: Never translate: demonstrate Never explain: act Never make a speech: ask questionsRead MoreCommunicative Language Teaching and Audio-Lingual Method3681 Words   |  15 Pagesby Abdul Bari Communicative Language Teaching and Audio-Lingual Method: Definition Communicative Language Teaching (CLT) is an approach to the teaching of second and foreign languages that emphasizes interaction as both the means and the ultimate goal of learning a language. It is also referred to as â€Å"communicative approach to the teaching of foreign languages† or simply the â€Å"Communicative Approach.† The Audio-Lingual Method, or the Army Method, is a style of teaching used in teaching foreign languagesRead MoreTeaching Methods For Teaching And Learning1809 Words   |  8 Pages Teaching Methods Introduction Although teaching and learning are closely related, they are different. Good teaching is measured by the quality of learning a student is getting as measured by the information the students will then have gained knowledge of. There is a high degree of connection between what has been learned by students and how they then grade the teacher and the subject area. Cohen, 1981; Theall and Franklin, (2001), postulate that learners awarded high marks to their teachers

Wednesday, May 6, 2020

Motivation Work Performance Free Essays

High performance organizations are those organizations with a culture that is flexible and encouraging dynamism, inventions, knowledge sharing, allowing diversities in working across boundaries, stimulates its people to be high performers; it is based on certain values and a great place to work. These key elements are believed to be what encourages the employees to be performing highly. Researchers use these organizations to find out several barriers as a result of cultural variations that subsequently contribute to low performance in the organization (Sanford and Bracey 1977). We will write a custom essay sample on Motivation Work Performance or any similar topic only for you Order Now Such organizations have a pure formal structure of administration of which the positions in the organization have professionals. Any informality in the organization disqualifies it from being a high performance organization, since it has to have clear means of communication without misunderstandings from either the source, or towards the source. Members of such organization put mechanism in place that act in a mediating capacity to help resolve any arising matters that may result into a problem of the future e.g. if a member is rejecting another’s opinion then he is considered by being appraised positively in order to generate new opinions. Groups are people sharing one commonality. They (groups) exist because of a common interest that is necessary for the survival of individuals belonging to the group. An example of a group is the community which has a complex commonality. Groups can be informal and others can be formal depending with each one group’s interest. Group of young boys (peer group) can not be considered to be formal because of its nature of operation, even though they have their rules, regulations, code of conducts, and valued opinions amongst themselves. All the above mentioned about a peer group is not written anywhere, they all adapt to those factors through the natural process of learning as they socialize one another in relation to the society they live in. For such groups it is either you abide by the set standards in order to fit in, even if it is that bad, you either do it as a way of showing solidarity. Refusal whatsoever displays deviance and it could lead to punitive measures at times it could be death or rejection. In some instances it is correct to say that a group can improve itself till it gets to the status of a high performing organization. Some things have to be observed so that a group can finally increase its performance for better. The informal status of a group has to be changed; in that case it should have a formal procedure in terms of handling matters related to the affairs of the group. The other important initiative to consider is the manpower, and the availability of staff that are professionally fitting in the capacity they occupy in that group (Anderson 2001) Many groups have taken an initiative to offer their employees equal chances in terms of pursuing further education, or granting employees’ funds for studies. Such a move has a positive impact on the progress of the group towards becoming a high performer in future. Motivation is a concern of study that has varied approaches on how to define it, even though describing it seems a little more understandable and common to many of us i.e. running home very fast because of a possible down pour in the next ten, or so minutes. In such a situation is it the rain, or a person own determination and willingness to run that can be accounted for that state of motion, or action? Let’s consider here the fact that one energizes himself after thinking that he will be wet in no time unless h/she does something about it. Motivation can be described as a human’s internal state of being in need, or having a desire towards achieving a set goal, that goal is a target which acts as the source of energy we use while we engage ourselves in a goal directed/oriented behavior. This goal oriented behavior is believed to persistently continue until we achieve our set goal. Motivation thus can be said to be an activity that is result oriented, while we undergo an internal experience. Hertzberg’s two-factor-theories- of work and motivation, it is a clear and very simple theory which tends to confine itself to a circle of activities that revolve around the human-work relationship. As the theory goes it starts with satisfaction and dissatisfaction. In between the two is a neutral state; satisfaction is achieved through motivation which entails several other factors that make it achieve the state of satisfaction, they include; achieving the set goals, to move forward by advancing in whatever one is pursuing, being recognized as an important person, or personnel   in the organization, or place of work. Dissatisfaction is believed to be accelerated by several other factors that are coined into one title; hygiene factors, this factors include, low salary pay that really make one undergo too much constraints in his day to day budgeting while attempting to make ends meet, the other one is the company policies which are at times unfavorable to the employees by putting them on toes all the time throughout the working time at times draining the workers to the point of performing poorly; hence being in a constant conflict with management, the other factor is work mates who might not be getting along well with one of the employees; or even amongst themselves, one might feel out placed in such a situation, another last but not least hygiene factor is the supervisory styles from the management; supervisors at times are always a headache to employees because they at times clash at work with their juniors because most supervisors are poorly trained, of which it would have been better in the mai ntenance of good work relationship and performance in the company. A point to note is that when one will attempt to manage dissatisfaction h/she will get to the neutral state, and he needs to put in motivational factors in order to achieve satisfaction (Steers and Porter, 1987). Leaders are people who are thought to be intelligent than the persons they lead this assumption is based on the fact that they (leaders) have a greater influence to the people they lead than how the people can influence them. Leaders be it political ones, religious ones, diplomatic leaders, traditional leaders, or spiritual leaders all of them have a following they command and at times these leaders are used to influence the people they lead in order to satisfy certain goals. People in organizations will always respect their bosses simply because they are above them; and that they lead them especially those people heading unions that represent the rights of workers, students and religious based organization, most of the time they are taken seriously, even in times of declaring protests, demonstration, riots, strikes, and many more activities such as ejecting other people in offices simply because their territorial leaders have declared. Employees’ team spirit is a major contributor towards motivation at work places because of several other factors, including the relationship amongst them, and with the management. Good relationship is needed in all direction so that it improves the blame game that always interferes with group motivational abilities. Most employees will be seen as competing among one another only to spoil so much, this is a negative type of motivation since they have not realized how harmful the competition is to them. Hence employees need to realize they are one against many others out there, as a matter of concern they should convert their motivation of competing against one another, into a motivation of competing with the outside competitors. The managerial staff is in charge of many functions that go on in the organization and that they have the ability to influence employees positively and ethically in order to make them productive at will without violating the code of ethics. Employees’ rights should be observed carefully because it is very hard at times to realize that one is oppressing employees more so if the part of pay is high and the working conditions are bad. Employees   should provided with transport services to enable them to get to work early and at the end of the day they appreciate what they are offered since they remain with an excess that would have gone towards payments of transportation costs. Conclusion High performance organization can be defined as agro up setting only that it has way far standard than that of an ordinary group we all feel is still immature in a number of ways, although   it is hard maybe for some people to understand such a comparison because, generally the two are made up of people. Groups ought to be motivated   by giving them examples of high performing organization, the trend of their success so that they see it as an achievable value of improvement, otherwise its easy for members of a group to disbelieve and dismiss claim that a group can grow into an outstanding performer in future. Many might be believing that, unfair means e.g. corruption might work fast towards achieving the high status. Motivation theories at times don’t simply agree to one thing as a contributing factor of motivation, why are we doing things we always do? Money is a form of external extrinsic factors of motivation we encounter in our day to day life not to forget other extrinsic factors such as promises of reward if one performs best at a given work., threat to do something; like running fast to avoid being mugged, scrambling for little food in order not to starve is intrinsic factor of motivation, but salivating to food upon seeing them on display is an extrinsic factor of motivation. Such ways of describing how motivational factors work need a closer understanding by reading almost the whole explanation of how motion is related to our environment, physiology, society, and our psychology. References Anderson. N. 2001. Handbook of Industrial, Work and Organization Psychology. Sage, ISBN 0761964894. Sanford. C. A and Bracey. J. H 1977. Human Relationship: The Theory and Practice of Organizational Behavior.Merill. ISBN 0675085055. Steers, R M. and Porter. W 1987 Motivation and Work Behavior.NY McGraw-hill How to cite Motivation Work Performance, Essay examples

Tuesday, May 5, 2020

Contract Formation Law and Practice

Question: Discuss about the Contract Formation for Law and Practice. Answer: Introduction: A contract is a document which creates legal relations between two or more parties, and in which two or more parties promise to do something, in exchange for a consideration[1]. A contract has six essential elements, which are an offer, an acceptance, a consideration, capacity, clarity and intent[2]. Consideration is a crucial element of a contract, and without a consideration, the contacts are considered void in majority of the cases[3]. In the following parts, the various aspects related to consideration have been highlighted. Consideration is the value which is promised by one of the contracting parties, during the formation of the contract, to the other contracting parties, for doing or from refraining to do the promised task. In short, consideration is the price for the promise made[4]. Without a consideration, the contract is void, unless such a contract is made to compensate, whether partly or wholly, for the promise which has already been fulfilled, or such a contract is written and registered within the applicable law, and is given on account of affection and natural love, amongst the contracting parties[5]. Consideration is one of the critical hinges, upon which the contracting system is based[6]. The consideration can be anything, which has certain value, and includes goods or series, which are generally exchanged under the contract, so as to give the validity to the contract. For a specific promise, the consideration exists when some benefit, right, interest or profit is accrued due to some responsibility or forbearance, which has been given or undertaken due by the promise[7]. It signifies that some kind of advantage or benefit has been passed on to a party, or some loss or detriment has been suffered by the other party. So, consideration has an evidentiary purpose in the eyes of the law, as it signifies loss, detriment, interest or benefit, undertaken or suffered by the other party[8]. The consideration has to be executed or executory, but it cannot be past. In other words, the consideration has to be brought into existence, either after or with the promise[9]. If the consideration comes before the promise, it is not considered a good consideration. In the case of Roscorla v Thomas[10], this very notion was held, and the judges concluded that the promise was not binding. This was because in this case, the sole consideration which was provided in the promise regarding the soundness of the horse was related to the entering in the original contract; and this happened even before the promise was made. Consideration can be anything which is decided between the parties, as long as it has an economic value[11]. In the case of Chappell Co Ltd v Nestle Co Ltd[12], Lord Somervell held that the consideration can stipulated by the contracting parties. This is a landmark case confirming the doctrine that the consideration needs not to be adequate, but has to be sufficient. As the wrappers were more than simply a condition which was precedent, the three wrappers were considered as a party of the consideration. In general parlance, adequacy and sufficiency, have same meaning, but when it comes to the legal parlance, adequacy relates to the situation in which the price which an individual pays is disproportionate to the value of the thing which the individual receives in return[13]. For instance, Harry pays a price of $50 for a duplex; in such a case, it can be said without a doubt that the consideration is not adequate. Though, the courts view that it is the personal wish of an individual to decide at which price they want to sell the products or services, and so, the validity of a contract is not affected by the inadequacy of consideration. In the case of Grogan v. Cooke[14], Manners LC stated that the court will not minutely check the consideration for being full or ample, if it is evident that bona fide, the consideration is fair. It is quite correct notion that the courts do not consider each and every consideration to be adequate or inadequate as it would prove cumbersome and impracticable for the courts. This is because it is beyond the means of the court to fix or ascertain a value for the good or services contained in the contract, before they are bought to the court. For a consideration to be taken as sufficient, it has to be clearly established in the eyes of law that the consideration has an economic value[15]. Along with the consideration having an economic value, it needs to be of a kind or in a manner in which is recognized in the eyes of the law. There have been various instances where the insufficient consideration is considered acceptable and lawful, and these include cases of natural love, affection, prayers, moral duty, amongst the other things. For instance, if an individual promised to carry out certain task, which was already obligated upon him by the law, in such a case, this would not amount to being a sufficient consideration to form a contract. This is because, here the individual simply repeats the obligation which is already required of them, and there is no new obligation. A duty which is already owed by the individual, the performance of such a duty is an insufficient consideration under the law[16]. In the case of Collins v Godefrey[17], after a subpoena had been issued to the plaintiff, he had given the evidence at the civil trial. Later on, the defendant made a promise where he would pay a fee of six guineas to the plaintiff. But, it was held subsequently that the owed fee could not be recovered by the plaintiff, due to the absence of a consideration for the promise, as he was under a legal obligation to attend the trial as per the subpoena. So, when the law imposes a public duty over an individual, it cannot be considered as a sufficient consideration. When an individual is bound by the terms of the pre-existing contract, which creates an obligation over the other party, the sufficiency of the consideration is absent[18]. If a promise is made by plaintiff to the other party, to carry out a promise which was previously made by the other party, in such a case, the consideration taken to be insufficient. This is because the plaintiff owes the promise to the other party already, due to the pre-existing contract, and hence, the promise is to meet the obligation which is already owed to the other party[19]. This can be seen in the matter of Stilk v Myrick[20], the plaintiff was under the obligation because of a pre-existing contract, to sail a ship from London to Baltic and bring it back. Before the ship could go back to London, two of the members of the crew jumped the ship. The work of the two members was done by the other crew members and as a kind gesture towards the crew, for doing the extra work, the captain promised, that the wages of the jumped crew members, would be divided between the rest of the crew members. But, upon returning to London, the ship owner refused to pay the promised extra wage. The claim made by the defendant was that the work done by the members was the one which the contract required them to undertake and so, no extra wages had to be paid. This reasoning was agreed upon the court and stated that the crew members had simply carried on the work, which was obligated on them, and which was to sail the ship back to home, as per their contract. Generally, affection and natural love are the promises which are made with the families. In the matter of Re Wilson[21], the father had made a promise to give his property to his son for love and affection. Following this, he made a promise to pay an allowance to his son, as assistance in the maintenance of the property. In this case, the judge Johnson J considered that the relationship between the case parties, along with the circumstances in which the dealing took place, made it impossible to hold this as a bounty by a father on his son, and not the making of a bargain which involved mutual consideration. In other words, the judge held that there was no agreement for a valuable consideration. The decision was rightly made in this case, as the father made a generous promise by giving his property to his son and the maintenance allowance. As has already been highlighted in the earlier parts, the court cannot decide the value of the time of son or the materials that are needed for the assistance or maintenance of the property, and so, it is difficult to agree with the decisions of the judges. In one of the Canadian cases of Zecevic v The Russian Orthodox Christ the Saviour Cathedral[22], the church, along with its priest was sued by the plaintiff, after the priest failed to perform the funeral service. The subject of money never arose between the priest and the plaintiff, the plaintiff had not paid any fees to the plaintiff for the funeral service, and a fee was not set for the funeral services. But, the experience of priest dictated that the payment for such series ranged from 0 to $800, and it customary to pay the priest for the funeral. Gray J, in t he Ontario High Court, stated that in the given case, there was an absence of an intention, to enter into legal relationship, as there was no promise regarding the payment. And this implies that there was an insufficient consideration in this agreement. In the case of Pando v. Fernandez[23], prayer was considered as an essential part of the contract amongst the parties. Since the efficiency of the prayer could not be measured or proved in any court, so, a prayer was not taken as a sufficient consideration. In this case, the plaintiff was very religious and he had claimed that he had made a purchase of the winning lottery ticket, the worth of which was $2.8 million, with the money of the defendant, as she had promised to give him a share of the prize money on equal basis, provided that he prayed to Saint Eleggua, and produce the lottery number of her ticket, so that she could win the lottery. The New York Supreme Court held that the plaintiff could not provide the evidence that the prayer was effective and that the prayers of the saint had resulted in the selection of the lottery numbers, which led to the winning of lottery. So, it cannot be proved that the terms of the contract had been complied with. Further, the court stated that an antithesis of proof or evidence is faith. Hence, an individual cannot establish that the prayers or faith has resulted in an event. The judges emphasized on the part that the prayer was the main question here and not the winning numbers. And so, the consideration was not sufficient in this case[24]. But when an act is done, which is beyond the duty stated, it can be considered as a valid consideration. An example of this is the case of Glasbrook Bros Ltd v Glamorgan[25], in which the plaintiff had requested the police to provide him with a guard for full time, which would protect the mine during the strike and in exchange, money was offered. The judges held that even though it was the duty of the police to protect, it was not their duty to provide an individual with a full time guard. And so, the payment for the guard service was a valid consideration, as it was beyond the call of duty. Also, if the duty covered in the pre-existing contract is exceeded, then it is taken to be sufficient consideration. In the case of Hartley v Ponsonby[26], the crew was offered addition money if they remained loyal and agreed to work in dangerous conditions. Since, this money was offered for something which was beyond their pre-existing contract, it was held to be a sufficient consideration. From the above analysis, it can be concluded that consideration is a crucial element to any contract and without a valid consideration, the contract is not valid. Though, there are various exceptions to this rule and these are the cases of contract covering prayer, moral duty, love and affection, amongst the other things. Consideration can be anything which is stipulated or fixed between the contracting parties, as long as it has an economic value. In the previous parts, the various aspects of contract were also highlighted. The consideration cannot be a past consideration and has to be executed or executory. Most importantly, a consideration can be inadequate, as the parties are free to decide what it is; but, it cannot be insufficient. The sufficiency of the consideration relates to the consideration having value in the eyes of law. So, it can be summarized that a consideration is an important element of a contracts, and has to be sufficient in the eyes of law, though it can be inadequate, due to the freedom provided to the parties, to choose what the consideration would be. Bibliography Andrews, A, Contract Law (Cambridge University Press, 2nd ed, 2015) Carter, JW, Peden, E, and Tolhurst, G, Contract Law in Australia (LexisNexis Butterworths, 5th ed, 2007) Elliott, C, and Quinn, F, Contract Law (Pearson Education Limited, 9th ed, 2013) Furmston, M, and Tolhurst, GJ, Contract Formation: Law and Practice (Oxford University Press, 2010) Gibson, A, and Fraser, D, Business Law 2014 (Pearson Australia, 2014) Latimer, P, Australian Business Law 2012 (CCH Australia Limited, 31st ed., 2012) Macdonald, E, and Atkins, R, Koffman Macdonald's Law of Contract (Oxford University Press, 8th ed, 2014) McKendrick, E and Liu, Q, Contract Law: Australian Edition (Palgrave Macmillan, 2015) Miller, R, and Jentz, G, Business Law Today: The Essentials (Thompson Advantage Books, 8th ed, 2007) Poole, J, Casebook on Contract Law (Oxford University Press, 2016) Chappell Co Ltd v Nestle Co Ltd [1960] AC 87 Collins v Godefrey (1831) 1 B Ad 950 Glasbrook Bros Ltd v Glamorgan [1925] AC 270 Grogan v. Cooke (1812) 2 Ball B 230 Hartley v Ponsonby (1857) 7 EB 872 Pando v. Fernandez, 127 Misc.2d 224 (N.Y. Sup Ct. 1984) Re Wilson (1933) IR 729 Roscorla v Thomas (1842) 3 QB 234 Stilk v Myrick [1809] EWHC KB J58 Zecevic v The Russian Orthodox Christ the Saviour Cathedral [1988] O.J. No. 1282 Australian Contract Law, Consideration (2015) https://www.australiancontractlaw.com/law/formation-consideration.html#considpast Alden, S, Ottaway, A, and Tetstall, J, Australia: Drafting contracts: guidance on managing ambiguity (2012) https://www.mondaq.com/australia/x/163072/Contracts+Deeds/Drafting+contracts+guidance+on+managing+ambiguity Casetext, Pando V. Fernandez (2017) https://casetext.com/case/pando-v-fernandez-2 Hong, C, What are the elements of a contract? (29 July 2015) https://www.hillhouse.com.au/legal-question/what-are-the-elements-of-a-contract/ Lawyer, Creating a Contract (2017) https://www.lawyer.ie/company-law/creating-a-legally-enforceably-contract/ The Law Handbook, Elements of a contract (30 June 2015) https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/