Sigmund Freud s Theory And Criticism - 1345 Words

Jess Rubinstein Intro to Theory and Criticism Spring 2015 Midterm Essays Freud and Literature At some point in life, everyone has heard the name Sigmund Freud. Sigmund Freud was born in 1856, and went on to become one of the most talked about theorists. He is known as the father of psychoanalysis and has left behind an everlasting legacy. There were two influential and sometimes controversial theories that Freud left behind. Sigmund Freud’s big legacy was his work with dreams and the unconscious. This work can relate to literature on a large scale. In our textbook, we learn that â€Å"dreams are brief, meagre and laconic in comparison with the range and wealth of the dream-thoughts. If a dream is written out it may perhaps fill half a page.†¦show more content†¦The Ego follows the reality principle. This means that our minds try to give into what the Id wants in a realistic and appropriate manner. It weighs the pros and cons of each desire before deciding whether to obtain gratification or abandon it. Lastly, there is the Superego. The Superego is the total opposite of the Id; it strives to suppress the Id’s desires. It opts for doing the right thing versus the wrong thing. To simplify, the Id is the bad devil on your shoulder. The Superego is the angel on your shoulder. The Ego is the one in the middle trying to make both the devil and the angel happy. In regards to dreams, the unconscious and the three stages of personalities; I find it completely fascinating and accurate. I know from personal experience that there really are three little thought processes that go into making the final decision. I also strongly believe that there are meanings behind my dreams (both conscious and unconscious). I like analyzing my dreams and seeing my unconscious thoughts fly into the open. Freud’s theories on dreams and the unconscious are influential today because they shed light on an individual and their thought processes. This is especially true in literature. When reading various novels, we get to analyze the character and their thoughts. This helps us to understand the text better, as well as gain more insight into the character’s mind. Freud’s three personalities’ can be seen in another one of his influential and very

Should Teens And Kids Be A Crime - 850 Words

We live in a world where no matter we go we have constant access to media and what’s happening next door to us or even across the world. We hear constantly about what crime has been done or even when people have their court date. But, the debate about where teens and kids should go after they’ve committed a crime has many differences in opinions. Kids really are still kids even if they have committed an adult crime. Kids shouldn’t have to deal with violent adults, and have to deal with all the risks they have for being put in an adult prison. Being in prison with adults kids are at increased risks of being sexually assaulted, suicide, and even mental damage Yes, the kids have committed a crime, but they also are only kids and sending them to prison does a lot of damage to them. For that reason, I feel it is wrong for kids to be sent to prison. There are fourteen states in the United States (AK, DE, FL, Hawaii ID, ME, MD, MI, NE, PA, RI, SC, TN, and West Virginia) that have no minimum age set for children being tried as adult. Sixteen of the U.S. states have a set age of fourteen to try a kid as an adult, Minnesota being one of them. The remaining states vary in ages from ten to fifteen years old. At Fourteen kids are really just only starting to grow up. They are starting high school and faced with many new changes in their life. They really have their entire lives ahead of them. So how can a mistake they made as a teenager result with them growing up only seeing bars inShow MoreRelatedJuveniles Being Tried As Adults1238 Words   |  5 Pagesonce and a while about juveniles committed heinous crimes, but not serving any real time for the crime. Juveniles or even adults should not serve a few years for murder or rape. Murderers, rapists and other criminals are being released from jail every day after serving only very shor t sentences for their heinous crimes. (Source #1) Who are these criminals and what makes them so special? The criminals are juveniles who commit these awful adult crimes. Juveniles are being tried every day in juvenileRead MoreRights as an American807 Words   |  3 Pagesjeopardized among teens who are committing crimes. The Eight Amendment banned cruel and unusual punishment, but people have tried to get teens sentenced to life in prison without any chance of some type of parole. A child will be treated like one until they do something bad. Of course, when they commit a crime, they have to pay the consequences. On the other hand, giving them a life sentence is unconstitutional thanks to the Eight Amendment. Before giving them their sentence, they should take into considerationRead MoreAdolescent’s Committing Violent Crimes809 Words   |  4 PagesCommitting Violent Crimes Teenagers, who commit violent crime such as murder, first degree murder, second degree murder, homicides, voluntary manslaughter, and involuntary manslaughter should be tried as adults. These teenagers knew exactly what they were doing and they also had the intent to kill. Families are blaming it on violent movies or violent TV shows, hello it is called parental control. Maybe if we start trying them as adults teens would think twice. Adolescents should be tried as adultsRead MoreDo Curfews Effect Teens?951 Words   |  4 PagesHarry Dent Liz Wilfong ENG 101-036 April 28, 2015 Do Curfews Effect Teens? A lot of teenagers argue that obeying curfews really affects them because they get in troubles. Curfews do not guarantee that teenagers will fully stay out of trouble. Teen curfews do not reduce or take away from juvenile crime (â€Å"Teen Curfews Should Not Be Supported â€Å"). Some teens feel that when a parent sets a curfew, they don’t fully trust their kids all the way. Whether teenagers have a curfew or not, they can get in justRead MoreChildren Are Convicted Of Greater Punishment988 Words   |  4 Pagesprison or even have received death penalties. Kids are convicted of greater punishment because the greater the crime, the more likely they are called adults. Although youths get charged as adults â€Å"a fifteen-year-old youth was mimicking a TV program about little girls who rob a bank and was given a 26-years-to-life prison term. Thomas Preciado was fourteen when he stabbed to death a mini-mart clerk† (Lundstrom). These guidelines must not be applied to kids because they may be pressured or threatenedRead MoreThe Importance Of Teen Crime798 Words   |  4 PagesTeen crime is beginning to become a larger issue and threat to our society. There are many influences that affect young individuals to misbehave or act on criminality. A teens upbringing plays a huge role in whether or not they will commit crimes in their future. During a teens life they will experience road blocks or a depression in school affecting their learning and attendance which may be a threat to their actions knowing they are set up for failure. A big part regarding criminal behavior isRead MoreTeenage Curfew Essay705 Words   |  3 Pagestrouble late than they would during daylight. Teens are looked at as the age group that causes the most trouble, and society targets them when it comes to matter for crime, however many people believe that teens are responsible for a large percentage of crimes and that having a curfew in effect will help lower crime rates. I disagree with this because I dont think teenagers should be forced to follow a ridged time schedule because of a curfew. Juvenile crime is a major problem in todays society, neverthelessRead MoreJuveniles Should Not Be Tried As Adults1497 Words   |  6 PagesWhether juveniles should be tried as adults in the justice system or not, has been an ongoing debate for many people. There has been many cases throughout time where people under the age of 18 have been tried as adults in the justice system. Information about this debate can be found in articles, novels, and podcasts. Typically people who are under the age of 18 are identified as a juvenile delinquent and go through different procedures after committing a crime. There is many examples and evidenceRead MoreJuvenile Probation Officers Work With High Risk Teens960 Words   |  4 PagesAs described by Kelly Peterson juvenile probation officers work with high risk teens along with their peers, family, work, school and involved activities. People like Kelly do there best to try and keep juveniles out of the adult system and further criminal systems. Over the course of Kelly’s visit she talked about many things some main points being; Her caseload and how she manages it, the main kinds of cases she deals with, and the court experience of people in the juvenile system. Kelly statedRead More Juvenile Justice Essay1308 Words   |  6 Pagesdeath penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years

Mexican-Americans Fight for Equality in America Essay

Mexican-Americans Fight for Equality in America The United States has always been thought of as the the land of opportunity. Why is it that for years Mexican-Americans have been mistreated and discriminated against? There are millions of people that live in the US that are of Mexican descent. Throughout the Mexican-American history they have faced constant struggles to be recognized as equal citizens. The white man drove them from their own homes when they first settled in America. The Anglo settlers did not hold much if any respect for the Mexicans. The fight for their civil rights has been going on since the 1800s. It wasnt until the 1960s when the Chicanos were formed that affirmative action began to take place. The†¦show more content†¦During the Mexican-American war the Mexicans lost half of their land. They then formed the Treaty of Guadalupe in 1848 which promised these new Americans free enjoyment of their liberty and property of any kind. Although at the time the treaty appeared to be a fair and favorable settlement t did not hold true to the promises written. Over the years after the treaty many lost their lands, some even by force. Even the Mexicans who were of upper class and wealthy lost their land. The Mexicans were looked down upon and were definitely not held with the same respect as the typical white male. They did not have the same opportunities that white men had. They were forced into low paying labor market jobs. They did no receive the same education that the white people had. Therefore it was not possible to compete with the white population. Mexican Americans became the main source of low-wage labor on ranches, farms, and the railroads in the Southwest as dual labor markets based on racedeveloped. Occupational and wage disparities, founded on the Anglo belief that Mexican Americans were racially unsuitable to perform the better jobs, underscored the regions distinct labor relations.2 This was a very disheartening time for the Mexicans. The Mexicans witnessed their people being punished for crimes consistently even if they were not guilty. Some of the Mexicans were so tired of being mistreated, pushed around, and sometimes killed that they resulted toShow MoreRelatedThe Fight For Equality Throughout America1517 Words   |  7 PagesThe Fight For Equality Throughout history, minority groups in America have struggled day after day for the political and social equality that was promised to them in the constitution, that only a portion of the population actually enjoys. The time period from the end of WWII to the present has featured massive movements for equality. Mexican Americans and the LGBT community fought tirelessly for the political rights, social equality, and equal pay that the majority took for granted, and many areRead MoreViolence And Discriminations Against Mexican Americans1001 Words   |  5 Pagesdiscriminations against Mexican-Americans was experienced as negative affect that was organized in segregating our society in such places as the labor market, residential setting and in the educational system. Although many countries have overcome, name calling various ethnic groups they also struggled for equality and respect. However, people in America have placed a racial connotation in the minorities groups. Mexican Americ ans and Mexicans are one of the minorities in America that have been categorizedRead MoreChicano Movement Essay1540 Words   |  7 PagesChicano Movement was the Civil Rights Movement for Mexicans that took place in the mid 1960s. Chicano meaning sons and daughters of Mexican immigrants. The Chicano movement had several goals, including rights for field workers, better education for Mexicans and empowerment of Mexicans. The movement was rooted in Los Angeles. In the movement, were different groups to tackle down different goals. The famous activist, Cesar Chavez led one of the groups to fight for field worker rights, which participated inRead MoreThe War For Equality During The 20th Century1218 Words   |  5 PagesWar for Equality The first half of the Twentieth century witnessed both WWI and WWII and another war as well; the War for Equality. With a racism and persecution at a high level, racial minorities were ready to fight back. In the first half of the Twentieth century the mistreatment of racial minorities led to a War for Equality; fought on many levels with varying levels of success. The war was fierce and did not end in the first half of the Twentieth Century. Like any war the War for Equality had its’Read MoreThe Struggle Of The Progressive Movement956 Words   |  4 Pagescoming to America in search of a more prosperous life, but they soon realized that life in America though more lucrative wasn’t always safer, and they responded in various ways, thereby strengthening the progressive movement. This movement was especially significant in the lives of other races in the states, including African Americans, Indians, Asians, and Mexicans who lived in America but originally came from different nations. This segregation of life imposed on the races by white Americans led toRead MoreColonization Of The United States1097 Words   |  5 PagesThe creation, evolution, and ascension to greatness of the United States of America is often attributed to the deeds and works of men. Presidents, leaders, and other great minds often take credit for the formation of this once great nation. However, behind those prominent figures, there are p rocesses and concepts that are in motion. Ideas such as settler colonialism, chattel slavery, and globalization are the things that have truly shaped the United States. The first 13 colonies were founded uponRead MoreThe Effect of Black Power on the Emergence of Yellow Power1257 Words   |  6 Pagesï » ¿The Sixties In America (AMST 1200) Professor Osman November 18, 2013 The Effect of Black Power on the Emergence of Yellow Power African-Americans were not alone in the shift to â€Å"ethnic power.† Other minority groups also shifted from the fight for integration and began to adopt the rhetoric of ethnic power and pride in the late 1960’s. By the late 1960’s, a host of other groups began to adopt the rhetoric of â€Å"power†: Red Power, Grey Power, Pink Power, Brown Power, etc. What were the similaritiesRead MoreNative Americans During The World War II876 Words   |  4 PagesDuring the World War II, many ethnic groups such as the Native Americans, Latinas, Japanese Americans and African Americans were struggling and fighting for their freedom and equal rights, many of the ethnic group achieved their goals due to the effort they all had to go through. After the World War II, the Native Americans faced discrimination and they were not offered housing, employment, education, land rights, water rights, and voting. The Indian veterans then returned back home different expectationsRead MoreBrown V. Board Of Education1145 Words   |  5 Pagesexisted and did not resolve many of the problems they still face. Mexicans were targeted as well during 1954, known as Operation Wetback, which allowed for the capture of foreign Mexicanos. In public schools, white teachers and black teachers began to earn equal pay, so the movement was effective, but how strong would it move to reach racial equality for all? It is important to note, that during these movements, Black and Mexicans did not get along very well. They could never reach an agreement toRead MoreCivil Rights971 Words   |  4 PagesRights The struggle for equality has been a battle fought for hundreds of years amongst Native Americans, African Americans, and Mexican Americans. When we hear the words civil rights often we conjure images of Martin Luther King Jr. delivering his soul-stirring â€Å"I Have a Dream† speech before the nation’s capital. The truth is, minorities have been fighting for their civil rights way before the 1950’s in fact it dates way back to the early 1880’s when Native Americans lost their lands, family,

Obscuring Identities Online - 1158 Words

Since social media is such a mainstay in today’s society, people should not be allowed to obscure their identities on any platform. People use it to connect with family members, make love connections and even sometimes just to feel included. While social media and other online accounts and things of that nature can be fun and helpful, there is a lot that goes happens on a daily basis online that is not safe. The world is full of people who are not considerate of others feelings and choose to ignore right from wrong. There are scammers, bullies, predators and overall terrible people who make being online and having an account unsafe. If there was a way to pin point who these people are early, something can be done and can make social media†¦show more content†¦This is another major flaw in being allowed to obscure identities on social media and other online sites. If people are required to always show their true selves and use their real names, kids are going to be les s likely to fall for predator accounts. With full names and accurate profile pictures, even if a child falls for a predators lie, one again police and investigators will be able to identify and locate the predator quicker than having to contact information technology teams to track them down. It is also important to understand that while there are a lot of people who hide their identity on social media and other online sights for vindictive reasons, there is also a large portion of people who do it for other reasons. Some people are not comfortable with putting their full name out there for everyone to see and want to maintain their privacy. There are people who want to be able to be on social media and in with everyone else but they do not want it to be easy for everyone to find them. Whatever is put on the internet stays on their even after you delete it and sometimes that is not always a good thing. If you search hard enough, no matter how badly someone does not want to be found it is quite possible. Not everyone wants to hide their identity to be rude or mean or to scam people out of their belongings. Sometimes it is all about personal preference and what they are comfortable with. Others, could be trying to hide from the very people who are onlineShow MoreRelatedProfessional, Ethical And Legal Issues With Software Engineering1592 Words   |  7 Pagesthis intense and pervasive innovation. This paper gives incorporate taking after points: †¢ Violation of data security †¢ Illegal utilization of trademarks †¢ Slandering issues †¢ Copyright encroachments †¢ Security issues †¢ Psychological issues with online networking (social media) †¢ Human asset issues †¢ Cross firing â€Æ' †¢ Violation of data security General scenario In today’s world, everybody understands the value of privacy. Just for the example one can lostRead MorePiracy: A Different Perspective Essay833 Words   |  4 Pagesroamed the seas freely pillaging merchant vessels. Now a days, Piracy has mainly slipped underground. Chances are, you may know a pirate personally without knowing the crimes they commit. For these crimes are not public, instead they are committed online. Filesharing is on the rise, much to the parent media corporations chagrin. Piracy is popular because of its ease of use, and widespread availability. The requirements are simple - If youve got a computer with an active internet connectionRead MoreA Comparative Analysis of Chronicle of a Death Foretold and The Metamorphosis957 Words   |  4 PagesGabriel Garcia Marquezs Chronicle of a Death Foretold and Franz Kafkas The Metamorphosis both show how the protagonist suffers because of a dysfunctional worldview. In Chronicle of a Death Foretold and in The Metamorphosis, identities and truth are malleable substances, obscuring the truth. Both these stories therefore have a strong existential component, but it is doubtful that their respective protagonists come to terms with or learns from his or her existential angst. In Chronicle of a Death ForetoldRead MorePrivacy And Its Effect On Society Essay1627 Words   |  7 Pagesand discover what someone may be up to but also identify its users with facial recognition technology. A person’s personal data s uch as their birthday, place of birth, sexual orientation and even their religion can be easily found out and used in identity theft. If that wasn’t invasive enough technology can go even further and violate someone’s very mind and genetic privacy. With technology, we can study and image the brain and see how someone personally feels about certain things or if they are tellingRead MoreThe Islamic State : An Accident Of History1579 Words   |  7 Pagesin the region following the fall of the Ottoman Empire by shaping out for itself a large area of territory. But ultimately, its consequence will flow as much from its challenge to settled concepts of government, national sovereignty, and national identity. The Islamic State is most well-known for the violence with which it asserts control, but its vicious tactics will likely stop the group from ruling efficiently and building broader support beyond the front line fighters who defend its security andRead MoreHigh Tech Or High Risk : Moral Panics2053 Words   |  9 Pageslooking at gender through the socio-cultural lens, it permits us to view young people in a contextual way that creates moral panics and discourses. According to Justine Cassell and Meg Cramer’s article ‘High Tech or High Risk: Moral Panics about Girls Online’, moral panics about how girls use the web as a means of communication is a case that has existed for many years. Their reasoning attracts parallels between moral panics about girls’ use of social platforms in today’s world, and the moral panics thatRead MoreA Report On The Panamanian Law Firm1774 Words   |  8 Pagesleak of confidential papers that they are calling the Panama Papers (Aljazeera.com, 2016). The firm drives its operations diversely and internationally in scope, but they are famous for their specific specialty— by helping foreigners obscuring the real identities of the owners to set up Panamanian shell companies to establish their financial assets. It was established in 1977 and since its establishment it has expanded its interests outside of Panama to include more than 40 offices worldwide, byRead MorePositive and Negative Aspects of Technology in the Service Sector2353 Words   |  10 Pagesnever imagined now exist; like watching movies and TV shows online via Netflix; buying selling and auctioning online on sites like Amazon and Ebay and even information services like the review site TripAdvisor whose content is updated by customers themselves. The internet has also facilitated existing firms to offer new services on top of their current offerings (Willcocks 2000). Federal Express the shipping and delivery service now offer online schedule and payment services and a real time tracking serviceRead More W.H. Audens Poems and Homosexuality Essay2834 Words   |  12 Pageswhere illicit love occurs, empathize with clandestine lovers, and see the beauty in their love. By obscuring genders and suggesting the need for a restructuring of moral values, the poems serve as pieces of coded propaganda that advocate for the freedom of clandestine, and possibly homosexual, lovers. Works Cited â€Å"Another.† Def. 2. The Oxford English Dictionary. 2nd ed. 1989. OED Online. Oxford University Press. 10 May 2005 . Auden, W. H. â€Å"Lay your sleeping head, my love.†Read MoreData, Analytics, and Competitive Advantage14733 Words   |  59 Pagesadditional data from Web site visits, too. Remove products from your virtual shopping cart? Tesco can track this. Visited a product comparison page? Tesco watches which product you’ve chosen to go with and which you’ve passed over. Done your research online, then traveled to a store to make a purchase? Tesco sees this, too. Tesco then mines all this data to understand how consumers respond to factors such as product mix, pricing, marketing campaigns, store layout, and Web design. Consumer-level targeting

Contracts Practice Exam Free Essays

Bob v. Alex Was there an Offer from Alex to Bob on February 1st ? An offer is an outward manifestation of intent to be bound by contractual agreement requiring definite and certain terms that are communicated to the offeree. Bob will assert that when Alex mailed him a letter offering him â€Å"Oceanhaven† for the May-June season that Alex did this act with a present contractual intent in mind. We will write a custom essay sample on Contracts Practice Exam or any similar topic only for you Order Now Further, the facts stipulate that Alex identified the terms as â€Å"same terms as last year† which implies both parties are aware of the terms. Lastly, given that Alex asked Bob to respond within a week, implies that he sent Bob an offer to lease Oceanhaven for the season. Was there an indirect revocation of the offer on February 4th? The knowledge by an offeree from a reliable source that offeror can not perform. It requires acts inconsistent with the contract. The facts assert that Bob learned about Oceanhaven no longer being available on February 4th. Further, Bob heard this information from his real estate agent. Since his real estate agent is probably in the business of knowing what properties are available for season rentals, this appears to be a reliable source. Moreover, the news the real estate person shared was that Oceanhaven was rented to someone else for 6 months, effective March 1st. Accordinly, Oceanhaven would no longer be available from May through June. Because of this, the offeror can no longer perform. Lastly, since the person who is renting Oceanhave is not affiliated with Bob, it is reasonable to say that the acts are inconsistent with the terms of the offer. Did Bob accept Alex’s offer on February 5th? An acceptance is an unequivocal assent to the terms of the offer. A bilateral contract requires a return promise while a unilateral contract requires complete performance. According to the facts, Bob wrote Alex on February 5th stating â€Å"I’ll take Oceanhaven per your leeter of February 1st. Being that Bob accepted Alex’s terms as-is, Bob unequivocally assented. Further, given that to the terms of the offer were â€Å"same as last year†, it is reasonable that Bob was aware of the terms of the agreement. Should the court determine that Alex did not have an indirect revocation on February 4th, Bob’s acceptance is valid because he wrote back within a week, as per the terms of the offer. Bob v. Tom Was there an offer from Tom to Bob on February 2nd? See supra Here, the facts show that Bob visited the Shores to inquire about homes for rent for one season. Further, Tom, the caretaker of the Shores, showed Bob both the Yellowhouse and Greenhouse as homes that would be available for Bob to select from. Lastly, Tom mailed Bob a letter stating he had confirmed all terms with the owner of the home, Dave. Because of Bob’s actions of touring the Shores and because of Tom’s actions of confirming the terms of contract with the homeowner before mailing the letter, both parties had a clear and present intent to form a contract. Next, Bob will assert that the terms were definite because Tom had stated he already confirmed them with Dave and that the terms were Yellowhouse at $5,000, or Greenhouse at $2,000 for the May through June season, all services included, payable in equal monthly installments. Since the price was specified, the length of the contract was identified, and the item being considered for rent was specified; either the yellowhouse of the Greenhouse. Accordingly, the terms were definite for both parties. Lastly, Tom mailed the letter to Bob, who received it on February 2nd. Thus, the offer was communicated to the offeree by mail. Was there a counter-offer for Yellowhouse on February 4th? Words of conduct that a reasonable person would understand as a rejection of the terms of the offer. Here, the facts show that bob wrote to Tom on February 4th regarding the yellowhouse and stated, I believe your prices are high. Will you take $4,000 for Yellowhouse? Because Bob was trying to affirmatively change the terms as specified by Tom for yellowhouse, Bob rejected Tom’s offer of the yellowhouse for $5,000 a month. Did Bob accept Tom’s offer on February 4th for Greenhouse? See Supra – Acceptance is effective upon dispatch. The minority rule is acceptance effective upon receipt. Further, in his response to Tom, Bob’s letter stated â€Å"If not, then I’ll have to settle for Greenhouse, and I agree to the $2,000 you ask. † Because Bob unequivocally assented to the terms of the contract, and since the terms were definite, $2,000 a month for the months of May through June, Bob accepted the offer. Finally, Bob mailed the acceptance letter on February 4th, just two days after he received the offer from Tom. Since Tom initiated the offer via the mail, the acceptance now falls under the mailbox rule. The majority views acceptance upon dispatch while the minority views acceptance upon receipt. Was there valid consideration for the Greenhouse contract? That which is bargained for and given in exchange for a specified returned promise. Here, the facts show that Tom, an employee of The Shores, had confirmed the prices for both Greenhouse and Yellowhouse. For $5k a month, Bob would be able to rent Yellowhouse between the months of May through June or, Greenhouse for $2k a month between the months of May through June. Since money is a valid item used for bargaining, there was a bargained for exchange. Further, Bob promised to rent Greenhouse between the months of May through June and since he was not already obligated to this promise, he was privileged to enter into the consideration. Was there a valid revocation of the contract for Greenhouse on February 5th? An offeror may expressly revoke an offer as long as it is communicated to an offeree prior to a timely acceptance. It is effective upon receipt. Here, the facts state that Bob received a letter from Tom on February 5th stating, â€Å"our deal is off†. Since the terms are clear that Alex no longer wishes to engage in the contract, it is decisively determined upon the mailbox rule. Given that Bob mailed his acceptance on February 4th, the majority has the acceptance effective upon dispatch. Thus, if Bob is in a jurisdiction that follows the majority, there was not a valid revocation because the revocation was received after the acceptance. However, in jurisdictions following the minority, acceptance is valid upon receipt. Given that Tom received Bob’s acceptance in the mail on February 5th, in the minority, Bob’s acceptance did not occur until February 5th. Accordingly, in the minority, in order for Tom’s revocation to be effective, it must be received by Bob before Tom received Bob received the acceptance letter. Since Bob received the revocation on February 5th, it can be inferred that Tom mailed the revocation before that date, as such, in the minority, Tom’s revocation was valid since he had not yet received Bob’s acceptance. How to cite Contracts Practice Exam, Papers

Constitution of NNC Golden Australia Ptd. Ltd

Question: Constitution of NNC golden australia Ptd. Ltd, refer all the laws and formalities according to Australian company law? Answer: Introduction According to the Corporations Act, 2001, section 136 of the act provides that a company will adopt a constitution and that the constitution will provide all the necessary details for the working of the company in the appropriate manner. The constitution would also provide for the special provisions according to the Corporations Act, 2001 (Bevan, 2007). The company further has the rights to modify or repeal any part of the constitution or the constitution as a whole by passing a special resolution. Constitution of NNC Golden Australia Ptd. Ltd. Preliminary Nature The company is a proprietary company and is limited by shares. Replaceable rules The replaceable rules in accordance to the Corporations Act will be applicable to the Company. The internal management of the Company may be governed by: As has been given under sec 135 of the Corporations Act, the provisions of the act that applies to the company would be the replaceable rules; the Constitution Objects The Company has been established with the objective to operate as an accessories business. Shares Subject to the Corporations Act all the rights and restrictions in relation to a class of Shares, the Company shall: allot and issue Shares; and grant options over unissued Shares, The Corporations Act, 2001 states that the Company will have ordinary shares as well as preference shares. The company rules in this regard are based on these provisions of the Corporations Act. The Preference shares are to be issued to the members will be according to the rules given under the Corporations Act, 2001 as has been given under the Section 254 (A) (2) along with the four requirements. The four requirements opine that the company will reserve the right to issue preference shares only under the circumstances when the rights attached to the following matters have been approved by a special resolution of the company. These matters are: repaying of capital; participating in surplus assets and profits; cumulative and non-cumulative dividends; voting; priority of payment of capital and dividends in relation to other shares or classes of preference shares Registered holder is absolute owner Only in accordance with the Corporations Act or this Constitution the Company will not recognize any interest in relation to any share other than the rightful legal owner of the member who is a holder of the share. Transfer of Shares Forms of transfer In accordance to this Constitution of the company and the existing law any member is allowed to transfer one or more shares that he holds by the instrument of transfer after he complies with the rules and regulations of this Constitution. Instrument of transfer The instrument of transfer of any Share is required to contain the following: it should be in writing; it should be in the usual form or in any such form that has been approved by the Director and that the law allows; it is required to be executed on behalf of the transfer; it should be duly stamped; it should be delivered properly to the company; Suspension of transfers The registration of the transfer of shares can be suspended by the Directors at any such time or for such period as they deem fit. Moreover, such kind of suspension should not be more than 30 days in one calendar year. Meetings Who can call meetings of Members In accordance with the Corporations Act, 2001, the Director of Directors can call for a meeting with the members or such specified number of members that the Directors deem fit, at any such time and place as the Directors deem fit. The Directors can further arrange or call for a general meeting on the request of the members in accordance to the Corporations Act. The members also have the right to call or arrange a general meeting in accordance to the Corporations Act. How to call meetings of Members The Company is required to render a prescribed notice for the meeting before holding any meeting. This notice is required to be given to each and every member, each and every Director and auditor of the Company. Right to attend meetings Every member and auditor of the Company is permitted to attend the meetings of the members. Each Director is also permitted to attend and speak at the meetings. Quorum The Quorum for a meeting would be as follows: In such cases when the company has one member, the presence of such member would be adequate to form the quorum and in all other cases the presence of two members would be sufficient to form the quorum, additionally, in substitute of the members, the proxy member or representative of a member can also be present. Number of votes According to the Constitution and also the Corporations Act and any prohibitions relating to the shares, every shareholder, every member will have the right of one vote. Any member who is present has the right to one vote for each fully paid share which the member holds; The member further has a fraction of one vote for each and every partially paid share that the member holds. This fraction is to be equal to the amount credited on that share that is paid up. Directors Number of Directors The Company will have one Director and one Secretary and under no circumstances will the Company have less than one director. In case the company has no director due to any reason, an ad-hoc director would be appointed for the temporary time span after holding a proper meeting and voting of the members until a permanent director is appointed according to this Constitution. Appointment of Directors The first Director will be the individual who is specified to be the Director in the application for the registration of the Company under the Corporations Act. In accordance to the Corporations Act, the Director is required to give a written consent about his or her intention to become the Director. The Director also is required to give all necessary details about him including his name, address, date of birth and other personal details to the Company. Vacation of office A Director reserves the right to resign from his office after the company receives a notice in writing from such Director; The Company in a written resolution shall appoint any other person, which the Company deems fit as the Director. Remuneration of Directors The remuneration which will be payable to the Directors of the Company should be: (i) restricted to such amount which has been approved by the Cabinet of the State Government and the Shareholding Ministers; or (ii) in all other cases would be nil. Secretary The First Secretary would be the person who has been specified in the application for the registration of the Company as the Company Secretary. With respect to the Corporations Act, 2001, the Directors or the Company may under such circumstances make a written resolution under which a sole member may appoint a secretary or in a general meeting an ordinary resolution may be passed to appoint a secretary. However, it should be noted that the term and period shall be clearly mentioned during the appointment. With regard to any agreement made between the Company and the Secretary, the Directors or the Company by a written resolution when there is a single member or in a general meeting by an ordinary resolution remove any secretary at any appropriate time without any cause. The Director or the Company may by a written resolution or by any ordinary resolution in a general meeting may revoke or modify the appointment of the Secretary. Powers of the Company and Directors General Powers The Company will have the right to exercise in any such manner allowed by the Corporations Act any power which a proprietary company that is limited by shares may exercise under the Corporations Act. The Company business is required to be managed by the Directors and under their supervision and direction. The Directors shall further exercise all the powers of the Company except all those powers that the Corporations Act or this Constitution requires the Company to exercise in the general meeting. Execution of documents The Company will have a Common seal and all execution of documents would be done on the fixation of the seal to the document and such fixation needs to be witnessed by: At least two Directors or; One director and one secretary; Shareholders The company may invite people to send their names to be shareholders in the company. Any person showing interest needs to give a written consent to be a shareholder of the company. All shareholders will have the right to participate in the surplus assets. All shareholders would be given the right to cast their vote. Winding up Distributions proportional to paid up capital With regard to winding up of the company the surplus must be divided among the members in the appropriate proportions which in dependent on the amount paid on the share o the members including the amount credited. Distributions of assets Subject to the restrictions related to the class of Shares the winding up of the company would be done with the with the sanctions of the members- Distribution of the property or part of the property among the members; Distribution between members and class of members Conclusion The constitution of NNC Golden Australia Ptd. Ltd. is for a proprietary company that is limited by shares. The constitution has been prepared according to the Corporations Act, 2001in Australia. The Constitution comprises of all the essential data including the necessary rules and regulations that is required for a smooth sailing of a proprietary company that is limited by shares (Tomasic, Bottomley and McQueen, 2002). References Bevan, C. (2007).Corporations law. Rozelle, N.S.W.: Lawbook Co. Tomasic, R., Bottomley, S. and McQueen, R. (2002).Corporations law in Australia. Leichhardt, NSW: Federation Press.

Organizational Behaviour in XYZ Consultancy Employee Engagement

Question: Describe about the Organizational Behaviour in XYZ Consultancy for Employee Engagement. Answer: 1. Motivational factors existed in the organization. Figure 1: Employee engagement theory (Source: Saks and Gruman 2014) Employee engagement is about how to gain an organizations strategic goals by developing the circumstances for human resources to flourish and, for each employee member, manager and supervisory to be fully switched on in their jobs (Saks and Gruman 2014). The goal of employee engagement is to help the employees mentally and physically to deliver their best efforts in the best interest of the business. According to Andrew and Sofian (2012), employee engagement theory states that, fairness among employees, managers and leaders must exist in a workplace. In case of XYZ consultant, previously Tim trusted his training consultants and support staffs; thus, they were involved in all aspects of the business (McShane et al. 2013). Frequent communication is another major factor of employee engagement that stimulates free flow of information (Bal et al. 2013). In XYZ consultant, communication between Tim and his employees were recurrent and employees used to walk into his office anytime to discuss issues. Employee empowerment is another important factor of employees engagement that allows employees to take part in all levels of planning and decision making (Saks and Gruman 2014). This aspect was also followed in XYZ consultant as employees were consulted before providing them with their work schedules (McShane et al. 2013). The personal commitments of the employees along with their personal life were always respected by Tim. Therefore, he used to communicate with them before finalising any job or project. Job profile was broadly formulated in XYZ consultant when Tim was in charge. He allows other employees to develop their skills by providing full-time training. Reward systems such as merit increases, performance bonuses and additional holiday leaves existed in the organization in order to motivate the staff. Weekly yoga sessions were performed to improve well being of the employees. Unlike Fiona, Tim was a democratic leader and never believed in structured policies and procedures. He strongly believed that written policies might hamper decision making process and would reduce the amount of independence (Gelens et al. 2014). That is why; he decisions were made based on Tims relationship with each staff member. Besides, performance appraisal system was fair and transparent as Tims ideology was If you did good work, you will be rewarded. Elements that were removed under Fionas leadership Fionas leadership was a perfect example of autocratic leadership. First thing that was demolished under her leadership was frequent communication. She developed three departments and appointed a head for each of those departments. In this way, employees were deprived of communicating with Fiona directly (Bell and Marti 2012). They had to depend on head of department in order to let the management know about their issues or concerns. She also implemented new grading system for training consultants without consulting with the employees. Performance bonus and merit pay increase incentives were also closed and these were replaced with annual across-the-board increases. In addition, the friendly work structure created by Tim was also demolished by Fiona as she restructured the workplace where she and the HoDs were allocated with private offices on the ground floor. This hampered the relationship among the higher authorities and employees as they started to believe that XYZ is no more a good place to work (Bell and Marti 2012). Besides, as a result of biasness, employees lost their trust on performance appraisal system. Employees were also not getting proper training and that is why; they started using their older training packages. Besides, Yoga sessions were also dismissed by Fiona as according to her it was a waste of time (McShane et al. 2013). 2. Organizational justice and equity theory of motivation Organizational justice: This theory refers to employee perceptions of equality in an organization. These perceptions can be divided into three categories which are distributive, procedural and interactional justice that contains informational and interpersonal justice. Distributive: Distributive justice helps to understand whether all the employees are being paid fairly or not. It also evaluates if all employees are receiving career opportunities and promotions fairly or not (Mahajan and Benson 2013). Distributive justice was absent in XYZ as employees had to enlist them in the good books Fiona in order to receive better clients, work schedules and promotions. That is why; they were angry and staring calling the system sick and unfair. According to Andrew and Sofian (2012), distributive justice theory is divided in their theories which are utilitarianism, justice as fairness and entitlement theory. Utilitarian theory believes that the only moral compulsion is to maximize the total number of happiness in the world. In general utilitarian will serve in favour of a limited king of distributive activity such as taking away money from the rich and giving it to the poor people. In business organization it can be implemented in way where salary of the CEO will be reduced so that employees can get better salary (Lăzăroiu 2015). On the other hand, justice as fairness is to understand how things will work in a workplace. Entitlement theory states that it would be unfair to interfere in someone elses freedom. Equity theory of motivation This theory states that employees are motivated by fairness in the organization. According to Lăzăroiu et al. (2015), the higher an individuals perception of equity, the more motivated they will be. It also states that if some is treated unfairly in an organization then he will be de-motivated. The same thing is taking place in XYZ consultant as employees are not treated fairly (McShane et al. 2013). Head of the departments along with Fiona never gave importance to their employees and to their decisions. They started making rules, schedules and other decisions without consulting it with the employees. Besides, they are discarded several motivational factors of the organization. As a result, employees started feeling de-motivated and started to quit their jobs (Shields et al. 2015). The core of this theory depends on the principles of balance or equity. While calculating fairness, employee compares the job input in terms of involvement to outcome in terms of compensation. Equity theory perceptions is shown below (Mahajan and Benson 2013), O/I a Under-rewarded (equity tension) O/I a = O/ I b Equity O/I a Over rewarded (equity tension) Equity is professed when the ratio is equal. If this ratio is unequal then it will exhibit equity tension. Assumption of this theory includes that the individuals are concerned not only with their rewards but also with what others get in their comparison. On the other hand, employees normally expect a fair and equitable return for their job and for what they contribute for their organization. Employees who think that they are in a situation that is inequitable will attempt to reduce their inequality by distorting inputs and/or outcomes psychologically (Gelens et al. 2014). On the other hand, in some cases, employees quit the organization after being treated unfairly. Besides, four main propositions of equity theory are, Each employee seeks to maximize their outcomes. Teams and groups have the skill to exploit collective rewards by developing accepted systems for equitably apportioning rewards and expenses among the members. If employees find themselves in inequitable relationship, then they will become distressed. Those people who find them in the state of inequality will try to eliminate it by restoring equality. References Andrew, O.C. and Sofian, S., 2012. Individual factors and work outcomes of employee engagement.Procedia-Social and Behavioral Sciences,40, pp.498-508. Ayim Gyekye, S. and Haybatollahi, M., 2014. Relationship between organizational justice and organizational safety climate: do fairness perceptions influence employee safety behaviour?.International Journal of Occupational Safety and Ergonomics,20(2), pp.199-211. Bal, P.M., Kooij, D.T. and De Jong, S.B., 2013. How do developmental and accommodative HRM enhance employee engagement and commitment? The role of psychological contract and SOC strategies.Journal of Management Studies,50(4), pp.545-572. Bell, R.L. and Martin, J.S., 2012. The relevance of scientific management and equity theory in everyday managerial communication situations.Journal of Management Policy and Practice,13(3). Gelens, J., Hofmans, J., Dries, N. and Pepermans, R., 2014. Talent management and organisational justice: employee reactions to high potential identification.Human Resource Management Journal,24(2), pp.159-175. Lăzăroiu, G., 2015. Employee Motivation and Job Performance.Linguistic and Philosophical Investigations, (14), pp.97-102. Mahajan, A. and Benson, P., 2013. Organisational justice climate, social capital and firm performance.Journal of Management Development,32(7), pp.721-736. McShane, S., Olekalns, M. and Travaglione, T., 2013. Organisational behaviour: Emerging knowledge, global insights.. Ryde.New South Wales, Australia: McGraw-Hill. Norman Yachya, S.T., MM, M., BA, N.Y. and ST, M., 2016. INFLUENCE OF TRANSFORMATIONAL LEADERSHIP STYLE AND ORGANIZATION CULTURE TOWARD EMPLOYEE SATISFACTION A CASE STUDY AT PT XYZ (CONSULTING COMPANY).DERIVATIF,10(1). Saks, A.M. and Gruman, J.A., 2014. What do we really know about employee engagement?.Human Resource Development Quarterly,25(2), pp.155-182. Shields, J., Brown, M., Kaine, S., Dolle-Samuel, C., North-Samardzic, A., McLean, P., Johns, R., Robinson, J., O'Leary, P. and Plimmer, G., 2015.Managing Employee Performance Reward: Concepts, Practices, Strategies. Cambridge University Press.