Definitions Of Assessment And Classroom Based Assessment English Language Essay

Definitions Of Assessment And Classroom Based Assessment English Language Essay The aim of this chapter is to look at relevant research studies in relation to assessment in the classroom context, and to explore the role of classroom assessment in more details, with a specific focus on formative language assessment. It appears that the teachers classroom assessment practices and strategies may directly impact learners learning, and this includes young learners.(Oksana:not only with young learnersà ¢Ã¢â€š ¬Ã‚ ¦..so what should I put here) Classroom teachers are in the front line of helping learners learning and assessing their performance in the classroom. Thus, the literature review is mainly concerned with the role of classroom assessment and the relationship between classroom assessment practices and learning. The following section clarifies some terminology and explores the links between assessment and learning with young language learners in the EFL context through a review of literature on experiences of assessment with primary-age learners. 2.2 Definitions of assessment and classroom-based assessment In this section, the definition of the term assessment is provided and the definition of classroom-based assessment (CBA) is discussed to provide more details of the relationship between assessment and learning in classrooms. In the educational context, the term assessment is often associated with testing for most of the teachers, learners and other stakeholders. However, testing is only one element of assessment and it actually encompasses a wider range of factors from tests to dynamic and collaborative activities and tasks. Therefore, it is necessary to clarify the difference between assessment and testing before looking at the definition of classroom-based assessment(Oksana: insert page numberà ¢Ã¢â€š ¬Ã‚ ¦what?). 2.2.1 The distinction between assessment and testing Ioannou-Georgior and Sophie (2003: 4) provide a broader interpretation of assessment; they describe assessment as a general term which includes all methods used to gather information about childrens knowledge, ability, understanding, attitudes and motivation. Assessment can be carried out through a number of instruments (for example, test, self-assessment), and can be formal or informal. This definition suggests that teachers may use both formal and informal methods to collect information in relation to learners performance, such as their ability and attitudes, as an evidence of learning. Ioannou-Georgior and Sophie (ibid) point out that assessment refers to all kinds of methods, whether they are formal or informal, with the aim of collecting evidences of learners learning.(Oksana: similar to above, suggestion: remove it) The studies of Rea-Dickins(2000), Lambert and Lines (2000) go further to suggest that assessment is a constant ongoing process rather than a onetime thing. Rea-Dickins (2000) illustrates assessment as the general process of monitoring of keeping track of the learners progress. (p. 376). She highlights that such process is a continuous method to monitor the learners performance. Lambert and Lines (2000) also show the similar view of point, they define assessment as the process of gathering, interpreting, recording and using information about pupils responses to educational tasks (p. 4) From their viewpoint, assessment is related to what teachers do during the process of teaching and learning, including gathering, diagnosing, recording and using information about pupils performance and feedback. As can be seen, assessment is a part of both teachers and learners life within classroom and is integrated to the process of teaching and learning. It is also used to monitor and respond to lea rners regular work, such as learning activities, tasks and tests. On the other hand, testing refers to a procedure that is used to measure learners ability by teachers and examiners (Rea-Dickins, 2000). According to Ioannou-Georgior and Sophie (2003), testing is a procedure with a certain objective and is used by teachers to assess learners performance in order to understand whether the learner has achieved this objective or not. They also point out that testing used tasks or exercises and assigns marks or grades based on quantitative results (p. 4) This seems to suggest that testing is one of the tools that used by teachers to assess their learners ability and is a way to demonstrate what learners have learnt. It also implies that testing is a onetime thing rather than an ongoing process. As can be seen, testing is a procedure with a certain objective and is used to collect quantitative results, in terms of marks or grades. It is used to measure what the learners have learnt and to check whether they have met their goal or not; meanwhile, assessme nt refers to all methods of collecting both quantitative and qualitative data in relation to learners performance and is a continuous process. (Oksana: Yes, but it is classroom based assessment specifically that does thisà ¢Ã¢â€š ¬Ã‚ ¦..what?)In fact, through clarifying the boundaries between testing and assessment may help us to get insight into the meaning and definition of classroom-based assessment. 2.2.2 Definition of Classroom-Based Assessment Classroom-based assessment is defined by Airasian as the process of collecting, synthesizing and interpreting information to aid in classroom decision making (2005, p. 2). He highlights the work that teachers need to take during the process of assessment in the classroom context, with the aim of supporting teachers in decision making, such as deciding what forms of assessment are most appropriate for gaining information about learners learning and measuring achievement. In classrooms, teachers collect data in relation to learners needs, strength, and weakness and try to interpret the information on the basis of teachers own beliefs, capacities and knowledge. They then provide help to learners and may be able to support individual learning needs. Such ongoing processes, including assigning grades, providing feedback and learning opportunities, and modifying the teaching and learning, are aiming to renew, keep track and record learners performance in the classroom. By doing so, teacher s may be able to enhance learners learning and help them to close the gap between their current status and their target level (Sadler 1989). Further, Mckay describes that classroom assessment or teacher assessment refers to assessment carried out by teachers in the classroom (2006, p. 140). He then notes that classroom assessment may be formative, for instance, when the purpose is to provide feedback to help learners improve learning, or it may be summative, when the purpose is to record and report pupils achievement and attainment (Rea-Dickins 2000). As can be seen, the purposes for classroom assessment may lead to using assessment information formatively or summatively by teachers. For example, they may need to use formative assessment to identify learner needs and use summative assessment to provide learners achievement to school authorities in the end of a school year. In fact, there are a variety of purposes for teachers to use classroom assessment. Rea-Dickins suggests three objectives of using classroom assessment: teaching, nurturing learning, and measuring learning (2000). In other words, teachers may use classro om assessment to modify their teaching methods and materials, provide appropriate help to learners and meet the bureaucratic demands. Classroom assessment plays a significant role in collecting information about learners learning and can also be used to support teachers teaching and learning (Rea-Dickins, 2001). It is a continuous and integrated process which can be planned in advance as well as be unplanned, such as observing learners language performance during the course of teaching and assessment activities. The roles of teachers may have an impact on learners learning in the classroom, whether as facilitators to develop learners language development or as assessors to measure learners language learning, (Rea-Dickins, 2008). Teachers may use both formative and summative assessment as pedagogic tools to scaffold learners, adjust their teaching, and assign grades for learners in the classroom. It is important for teachers to develop classroom assessment skills and strategies, and bring about positive change in classrooms. The aims of adopting classroom assessment strategies are to support learners learning and te achers teaching, and to meet the ultimate achievement of the curriculum goals. Rea-Dickins (2001) provides a model of classroom assessment which illustrates teachers roles in four stages in the classroom assessment process (see Figure 2.1). It also reveals the fact that teachers may need to play a mediating role in order to deal with various demands from improving learning and modifying teaching. For instance, in stage 1, the Planning stage, teachers may be interpreters to explain the learning goals and assessment criteria with learners and evaluators to identify learners needs and levels. They may become supporter in stage 2 in order to scaffold learners and provide feedback to them. As for stage 3, teachers may also need to be interpreters to interpret the learning evidence and improvers to refine the assessment process; meanwhile, they may need to be reports to report and record the learning progress to administrative authorities. Stage 1: Planning Identifying the purpose for the assessment?(why?) Choosing the assessment activity(how) Preparing the learners for the assessment Who chooses/decides for each of the above Stage 4: Recording Dissemination Recording reporting progress toward NC Formal review for LEA or internal school purposes Strategies for dissemination of formal review of learners Stage 2: Implementation Introducing the assessment(why, what, how) Scaffolding, during assessment activity Learner self- peer monitoring Feedback to learners(immediate) Stage 3: Monitoring Recording evidence of achievement Interpreting evidence obtained from an assessment Revising teaching and learning plans Sharing findings with other teachers Feedback to learners (delayed) Figure 2.1 Process and strategies in classroom assessment  [1]   However, teachers may not be able to predict the complex interaction between these two assessment purposes before actually implementing the assessment active. For instance, teacher-planned summative assessment may also provide formative assessment opportunities for students during the teaching process. Rea-Dickins (2006) points out that the boundary and interaction between formative and summative purposes of assessment cannot be identified in any watertight way in advance, as they will unfold and be enacted through the classroom discourse (p. 183). As can be seen, teachers need to be flexible with their classroom assessment practices and be able to use both formative and summative assessment as pedagogic tools to scaffold learners, adjust their teaching, and assign grades for learners in the classroom. Thus, it is important for teachers to understand the functions of both formative and summative assessments and how to use them to modify their teaching, enhance pupil achievement, and report to school authorities, parents and other stakeholders. 2.3 The Functions of Classroom Assessment: Formative and Summative Assessment On the basis of the definition of classroom assessment (2.2), classroom assessment may be used as a variety of instruments by teachers to collect data in relation to learners needs, ability, knowledge, understanding and performance in the classroom. This seems to imply the primary role teachers play in classroom assessment process and the importance of linking formative and summative assessment to effectively enhance learners learning and report it to other stakeholders, including parents, other teachers, learners themselves, and school authorities. In this section, the functions of classroom assessment, in terms of formative and summative assessment, will be discussed, particularly with assessment for learning, through a review of the literature in relation to the role of both formative and summative assessment in classrooms. 2.3.1 The Role of Formative and Summative Assessment Classroom teachers are in the front line of assisting learners to develop their ability and enhance their learning, thus, it is crucial for teachers to recognize the different functions and characteristics between formative and summative assessments and to integrate them into everyday teaching and learning. Harlen and James (1997) share the different roles of formative and summative assessment in classroom assessment. They urge the need to distinguish the differences between formative and summative assessment, in terms of the functions and characteristics, and then connect and wave them together. To reveal the complexities of the differences between formative and summative, some research reports have provided a variety of interpretations to help teachers to clarify the concept of formative and summative assessment. According to the report of Task Group on Assessment and Testing, known as TGAT, it defines formative and summative assessment through clarifying the different purposes and timing between them. For formative assessment, teachers may use it to understand the the positive achievements of a pupil (DES/WO, 1988, para. 23) (Oksana: This is quite an old reference, is there anything newer/more recent on this point?)and then plan their teaching in order to help the pupil to reach to the next step. It highlights the dynamic process of teaching and learning in the classroom and more importantly, it points out the future direction through using the results of assessment. Formative assessment is a continuous process of adjusting teachers teaching and learners learning; meanwhile, summative assessment is used for systematic recording of learners overall achievement. In other words, teachers may use summative assessment to note learners performance, such as recording the grade or scores of teacher made and standardized tests, after a certain period of time. In 2001, Clarke expressed similar views in providing a clear illustration for formative and summative assessment: If we think of our children as plantsà ¢Ã¢â€š ¬Ã‚ ¦summative assessment of the plants is the process of simply measuring them. The measurements might be interesting to compare and analyse, but, in themselves, they do not affect the growth of the plants. Formative assessment, on the other hand, is the garden equivalent of feeding and watering the plants directly affecting their growth (p2). As can be seen, the main function of formative assessment is to nurture pupils and improve learning, which is a continuous process of interaction between teachers and learners. For instance, in classrooms, teachers provide guidance for learners toward improvement through formative assessment feedback during the processes of teaching and learning. As for summative assessment, it takes place after the teaching and learning. Teachers may grade or make judgments in relation to learners learning in order to inform and report to other stakeholders. In the classroom, teachers use formative assessment to help learners learning as well as modify their own teaching methods and materials. They also use summative assessment to assign grades and report attainment at the end of a school year for administrative purposes (Bachman Palmer 1996). As such, formative assessment requires the ability of the teacher to diagnose learners performance, in terms of what causes him or her to get struck, and to help learner to understand what to learn, how they learn, and how well they have learned. 2.3.2 Formative Classroom Assessment: assessment for learning More recently, the focus of the classroom assessment studies has shifted from forms of test to the interactions between assessment and classroom learning. This shift also highlights the importance of the improvement of learning through formative teacher assessment. Black and Wiliam (1998) review a variety of past research studies in relation to classroom formative assessment. They point out that several empirical studies show evidence to support the claim that improving formative assessment do raise standards and help pupils learning, particularly with low ability pupils. They also present evidence in relation to how teachers use formative assessment practices and strategies to enhance pupils learning in the field of general education. A broader explanation of formative assessment is provided by Black and Wiliam, they illustrate that all those activities undertaken by teachers, and/or by their students, which provide information to be used as feedback to modify the teaching and learning activities in which they are engaged (1998, p.7). Their interpretation not only points out that formative assessment activities can be used by both teachers and learners but also indicates how teachers and students use feedback to adjust the teaching and learning. From this perspective, formative assessment is embedded in teaching and learning and can be used to prompt learner learning. Key formative assessment strategies, such as effective teacher feedback, teacher scaffolding, self- and peer- assessment, and raising learners self-esteem and motivation, may be integrated and embedded within teacher-learner(s) interactions(Rea-Dickins 2006). As can be seen, the activities that conduct by teachers, such as observation, teacher made tests, take-home tasks, and learners, including self- and peer- assessment, would provide information to help both teachers and learners improve themselves. Further, Brindley (2001) points out formative assessment should undertake by teachers during the learning process, by doing so, teachers can use the results to improve instruction (p. 137). In addition, Sadler (1989) connects formative assessment with feedback and believes that feedback to teachers and to learners are separate. He suggests that the aim of using feedback for teachers is to diagnose learners performance and modify their teaching in order to help learners to enhance their abilities; meanwhile, for learners, the purpose of using feedback is to monitor their performance and understand their own learning weaknesses and strengths. Further, Tunstall and Gipps (1996, p.393) identify two types of feedback used by teachers in classrooms: evaluative and descriptive feedback respectively. They suggest that the former seems to be more close to affective and conative (effort-based) aspects of learning with a performance goal, whereas the latter places the emphasis on the cognitive development with a mastery goal. Teachers act as facilitators in providing descriptive types of feedback, such as making suggestions and questioning as part of discussion, rather than directing (p. 401). As can be seen, there is a greater links between descriptive feedback and formative assessment. However, Torrance and Pryor (1998) point out that teacher feedback may have a negative influence on learners, for instance, when the teacher tries to correct learners mistakes which may lead to the impression of learners producing wrong answers. It may even be seen as criticism by the pupils and discourage learners self-esteem. Further, teacher feedback with praise may result in encouraging competition among learners instead of increasing learners motivation. Thus, it is important for teachers to recognize the influences and impact of formative assessment feedback on learner motivation and self-esteem. To sum up, classroom assessment is used by teachers to collect data in relation to the process and attainment of learners with aim of responding to individual needs and curricular demands. Formative assessment is crucial in enhancing learner learning and closing the gap between learners actual level and potential level. The following section explored assessment of young language learners in a foreign classroom context through review of past research studies in relation to classroom assessment in practice. 2.4Research on Assessment of Young Learners in the EFL Classrooms In this section, the relevant research studies of classroom assessment of young language learners are explored, followed by introducing a unique Taiwanese educational context, in terms of learning English in private ESL schools, as the classroom assessment context in this research. 2.4.1 Classroom Assessment of Young Language Learners Rea-Dickins (2000) points out that since the 1990s research studies in relation to assessment for foreign language learners has been more in evidence (e.g., Low et al., 1993; McKay et al., 1994; Edelenbos and Johnstone,1996; Breen et al., 1997; Leung and Teasdale, 1997). Language Testing proposes a special issue that is focusing on assessment for young language learners, who ages 5 to about 12, in the school system. The key idea of these reports in this issue is related to a variety of purposes for assessment for young language learners within an early years language learning curriculum which results in raising the awareness of wider issues in relation to assessment of young language learners, such as how the validity of classroom-based assessment is achieved. Teadeale and Leung (2000) draw the attention to the validity of implement alternative assessment and monitoring learners learning performance through teacher assessment. Rea-Dickins and Gardner (2000) also look at the same issue in relation to the implementation of formative classroom assessment, in terms of keeping track of learners language development, in the English as a Second Language (ESL) context. Their findings suggest the potential variables which may influence the validity of teacher assessment during the assessment procedure. This is followed by Gattullo who explores the way to implement formative assessment in the Italian primary foreign language classroom, where English is taught since grade 3 (age 8). She investigates different formative assessment processes through analyzing classroom assessment discourses and she also observes the everyday interactions between teachers and learners. The results suggest that instead of using formative assessment actions which may be m ore beneficial for learning, including observing process, examining product and metacognitive questioning; teachers use more common actions, such as questioning, correcting and judging. Continuing the theme of formative assessment of primary learners in the EFL context, Zangl (2000) provides the methods of assessment to gain information in relation to primary-age learners language skills. She argues that teachers may be able to draw a developmental picture for individual learners, including their general interactional skills and specific language skills, through ongoing assessment throughout primary school. Hasselgren (2000) looks at the innovative ways to develop materials, such as tests, teacher assessment, and learners self-assessment, which can improve both teachers and learners assessment skills in Norwegian primary schools. In the context of Norway, one significant difference is that there is no tradition of testing for young language learners due to local policy. This contributes to high-demand assessment methods, particularly in materials development and task design, and to the implementation of formative assessment, in terms of assessment for learning. Both teachers and learners are encouraged to develop their ability to assess. As can be seen, the national policy is one of important variables that influences teachers attitude towards integrating classroom-based assessment into their everyday language teaching. It is also crucial to take variables, such as learners prior cultural knowledge, teachers knowledge and ability in assessment, and the English curriculum, into account when assessing primary-age learners of English as a foreign language. Teachers should choose and design the appropriate assessment material for Young language learners. The material should be well adapted to learners cognitive and linguistic skills and to their interests. The work of Hasselgren suggests that classroom assessment may be influenced by a variety of factors, particularly by the national policy. These external elements, such as the government policy and English curriculum, may have direct impact on the implementation of assessment, teachers attitude towards classroom assessment and their classroom assessment practices in the EFL context. A brief history of primary school English education in Taiwan is explored in the next section to gain insight into a special English classroom in Taiwan. 2.4.2 ESL Program in Taiwan English teaching and learning for young learners has become increasingly important in Asian countries, such as Taiwan, China, Japan and Korea, where learners study English as a Foreign Language (EFL) over the past few decades. At this point it is useful to clarify some terminology before introducing the English educational context in Taiwan. The term English as a Second Language (ESL) used in countries, , such as Canada, North America and Australia, which refers to learners who are using English as the medium of instruction in school contexts but who are not English first language (L1) speakers (Rea-Dickins, 2000, p. 115). On the other hand, the term English as Foreign Language (EFL) refers to when English is taught to non-native English speakers in non- English speaking areas, such as Europe, Asia, and Africa. In 1997, the Ministry of Education (MOE) in Taiwan decided to implement curricular and instructional reforms in elementary and junior high school education. One of the most significant changes is that English courses are officially introduced in grade 3 (age 9) with two 40-minute lessons per week (Ministry of Education, Republic of China, 2010). Since then, learning English has become a popular movement for young learners from the ages of 5 to 12 across the country. Butler (2004) points out that some Asian countries, such as Korea, Taiwan, and Japan, have introduced English language instruction at the elementary school level, with special focus on oral communication skills. Although the officially suggested starting age is 9, most parents want their children to learn English as soon as possible. The assumption of the younger the better in foreign language acquisition is supported by many Taiwanese parents, who believe an early start will help their children to achieve greater profici ency. These factors above contribute to the significant growth in the number of cram schools and private language schools across the country over the last decade. Cram school also known as abuxiban in Taiwan are very common and popular in competitive Asian countries, particularly in Taiwan and Japan. The aim of these schools is to help pupils to enhance their achievement scores (Harnisch, 1994; Oneil Fukumura, 1992; Stevenson Stigler, 1992). In 1999, a report from China Central News, on 6 April 1999, stated that at least more than one quarter of elementary pupils attend private language institutions after school to learn English. Tsai and Kuo (2008) report that there are more than 5,000 cram schools in Taiwan. Most English cram schools offer additional after-school teaching to enhance pupils English ability. In particular, numerous so-called ESL schools aim to help Taiwanese learners to learn English as a Second Language (ESL) through using American elementary textbooks and teaching all subjects, including handwriting, computer, music, social science, reading, math, science, grammar, phonics and writing, in English. They also offer an ESL p rogram to kindergarten children of 3 years old up to students in grade 6 (age 12). In general, kindergarten pupils and grade 1 to 2 learners receive an average of 4 to 5 lessons a day, each 30 minutes long. As for grade 3 to 6 learners, they receive approximately 2 to 3 lessons a day due to their longer elementary school hours. Such ESL schools provide a unique educational context to investigate these ESL English teachers perceptions of classroom assessment and their own classroom assessment practices.

Coal :: Coal Environment Economy Economics Essays

Coal Coal, a product of decay from plants older than 350 million years, is an integral part of energy production in the United States. Coal provides 56.9% of electricity generation in the United States.[1] With many different types of coal found in different states, the U.S. remains second to Russia in the number of estimated worldwide coal reserves.[2] Between the years of 1885-1950, coal was the most important fuel. One half ton of coal produced as much energy as two tons of wood and at half the cost.[3] Even today, there is, on a Btu basis, about one hundred times as much energy in the coal reserves of the United States as there is in either the oil or natural gas reserves.[4] But coal is also a rather variable energy substance as the different ranks, or measure of degree of change from the peat stage, affects the heating value and sulfur content of the coal. From low rank to high rank, the different types of coal are ordered as follows: lignite, subbituminous, bituminous, and anthracite. Low rank coal tends to have a smoky flame and easy ignition whereas high rank coal is known for its clean flame and difficult ignition.[5] All of these types of coals can be found in three major United States regions known as The Appalachian Basin, The Illinois Basin, and the northern Great Plains and Rocky Mountain region.[6] To recover coal from these significantly large coal reserves, workers use a process called strip mining. By using this process, strip miners can recover all the coal in a deposit, and each worker achieves very high productivity, recovering 30-40 tons per worker per day. Sixty percent of coal in the United States comes from strip mining. [7] While strip mining was at one time a dangerous career choice, the coal mining industry is now recognized as one of the safest, with a lower rate of injuries and illnesses per 100 employees than the agriculture, construction or retail trades.[8] A great problem with coal, which has lead to somewhat slow increases in coal production since 1920, has been the environmental impacts involved with surface mining, the effect of CO2 emissions on global climate, and health effects of SO2 and particulate emissions.[9] In 1952 in London, England, 12,000 people died and many become ill due to high concentrations of SO2.

Mr Daniel

Contract is a part of the business transaction. Contract is an agreement between two or more parties each of whom has the intention to create a legal relation to have a lawful object between them. Contract is more used in the partnership business where each party has a common goal, trust one another and a specific time period. IQ . 1 : What are the essential elements of forming a valid contract? Explain the importance of each element by providing relevant legal principles derived from decided cases: An agreement that can be enforced by law is considered as a contract Cones v.Daniel 1894). An agreement is enforceable by law when it fills up certain conditions that are regarded as essential element of valid contract. Essential elements are: Offer and Acceptance, Lawful Consideration, Intention to create Legal Relationship, Certainty: Offer Offer is crucial element for a contract, is very important that the offer to intend to for a term as an expression of willingness to enter in to a c ontract, contract which will became lawful upon acceptance. Gibson V Manchester City Council (1979)1 WALL 294 HAL) Acceptance An acceptance is a willingness that the offered agree to all the terms of the offer has made. Also the acceptance must be ‘mirror image' of the offer. (Day Morris Associates v Voice 2003 COCA civic 189). If the offered try to set up new terms on the offer, this normally is a counter offer which will kill the original offer. (Hyde v Wrench 1840). Lawful Consideration: Consideration is defined as an acts or a promise of a payment or charge or value which is called ‘Consideration' made from promise to the promise or both. Currie v Miser 1875) An agreement should be based on the freedom of contact theory of all parties. Free consent is hampered when coercion, mistake, fraud and misrepresentation are made. Chapel & Co. V Nestle 1960 AC). Intention to create Legal Relationship: A legal relation is created through the agreement that is intended. An agree ment to sell or buy a product is agreement intended to make legal relationship and is therefore contract. A contact may not be valid if the participants they are not intending to create legal relation. (Buffalo v Buffalo 1919).Domestic and Social contracts are not considered to be a legal relation. Cones v Badminton 1966). Also commercial agreements is normally considered that is made in a business context and automatically is an intention to create legal relation. Case: Sees petroleum v Commissioner of customs and Excise 1976). Family agreements can be enforceable if there is a clearly made in to a ‘business connect'(Smelling v John G Smelling Ltd 1973). Certainty As a contract to be valid it must contain terms of the contract and if a important term is hidden that contract will not be lawful.IQ . 2: Describe different types of contract usually undergone in business context. Critically analyze the legal impact of distance selling contract. Sales contracts, Employment contract s, Marketing contracts, Licensing Sales contracts are made between companies to companies and to private errors to a private persons, can be goods or services. Employment contracts is an agreement from employer to employee with terms of payments, benefits, period of business or from persons to business to promote products and services to the general public or to business.Licensing contract is used normally to transfer rights to an individual to be able to licensee goods and services in regime of trade mark. Distance selling contract regulations: sellers give certain basic information to customer, deliver goods within 30 days, and provide customers a right to cancel their order. All business must comply with the ‘Sale of Goods Act' IQ . 3: Analyze the contrasting aspects of different kind of terms generally used in a commercial contract. 200 words The lawfulness of commercial contract based on different kind of terms.These terms are considered as implied and express terms. Four categories of implied terms (Porter v Atonement U. D. CHIC 5) are: Terms Implied by fact: Under this term court believe that both parties of the contract know about the fact. Terms implied in law: Under this term court indicate a specific law of defined type in the contract. That law protects the weaker party in the contract. Terms implied by custom: In this term, local custom is applied on the contract. Terms implied by trade usage: Terms regularly used in contracts within a particular business can be implied on other such contract.Express terms are: a) Oral contract b) Written contract c) Parole evidence role d) Collateral contract There are three types of contractual terms: a) Condition: Major term of contract. Serious consequence occurs when it is broken. (Passwords v Speers and pond 1876) b) Warranties: Under this term an affected party an sue for damage when it is breached but cannot terminate the contract. C) In nominate term: If this type of term is breached serious or negl igible result can occur depending on the particular fact. ‘Implied terms are more sensitive to deal with than express terms in a business contract' – how far would you agree with this comment?In contract implied terms refers to terms that are not directly written in the contract but are introduced into contract by the court or by statute. Express terms are conditions that are directly written and agreed by both parties at the time of contract made. As the terms are not mentioned in the contract, it is more sensible to deal with during conflict than express terms. Task 2: Application of Contracts in Business Situations Q. 1: (a) Green Pharmacy put an advertisement in a trade Journal stating: for the wholesale buyers only, our ‘new moisturizing creams' are now at a special low price of Ole per dozen. Mr. Khan, one of Green Pharmacy trusted vendors, rushed to one of your show room and wanted to place a large order. Meanwhile the company made a new decision not to sel l the creams any more. Mr. Khan became cross and he wished to pursue a legal action against the company. Advice Green Pharmacy about the possible legal consequence. Justify your comments with reference to similar case precedents. In the given business scenario Green put an advertisement to sell its new moisturizing cream at a special low price Green Pharmacy was making only an invitation to treat. (Partridge v Christened (1968) 1 WALL 1204). As a result Mr.. Khan one of the trusted vendors rushed to one of the show room and wanted to place a large order but he was refused to give order. As a result he wished to pursue a legal action against the company. Mr.. Khan wanted to make an offer to Green Pharmacy to ay the goods but was no acceptance from the company therefore was not valid contract, in event of seeking legal action from Mr. Khan will not affect Green Pharmacy in any way legally. (b) You work into the night to complete ‘an important report' for your immediate boss, Tan ia.Tania is very pleased with the report and says ‘l know you have worked very hard on this, I will make sure there's an extra IEEE in your pay at the end of the month. Can you enforce this promise? 100 words In the given situation you can't make lawsuit against Tania although it is a oral promise that is done with spoken words. Tania makes a statement or promise which we can call consideration but that consideration was completed before Tania has made her promise. We called this situation past consideration so it can be a lawful consideration (Re Macrame 1951). (c) Joe works in the purchase department of Green Pharmacy. He lives near to you.By an agreement he provides you with a lift to work in return for a contribution towards the petrol. Would this contract be legally enforceable? Justify your answer with legal arguments. 75 words In the above situation Joe can't be enforced in this contract legally due to lack of intention to create legal relation, furthermore the agreemen t was done in a social context, if in event to seek legal action the court will not enforce this agreement (Buffalo b Buffalo 1919) Q. 2: Albany is the business development manager of Green Pharmacy. Four months ago he bought a ‘Landmasses' car from Brand's Garage Ltd for use in his business activities.He paid El 2,500 for the car and was given a written guarantee in the following terms. ‘Brand's Garage Ltd guarantees that, for three months from the date of purchase, it will put right free of charge any defects in the vehicle which cannot be discovered on roper examination at the time of purchase. Thereafter all work and materials will be charged to the customer. ‘ The sales manager recommended to Albany that he should take out the ‘special extended warranty under which, for payment of ?350, the car would have been guaranteed in respect of all defects for a further two years, but Albany declined.Last week the engine and gearbox seized up. The repairs will cos t E,OHO. Advise Albany. Would your answer differ if he bought the car only for his personal use? Is made with personally or commercially. All contracts are made up with the essential elements. When Albany purchases a Landmasses car from Brand's Garage Ltd for use in business activities, he made a legal contract through offer and acceptance, and a written agreement. It also includes the consideration in the contract that defines each party to the agreement gets something.There was the existence of the certainty element of the contract through which Brenda indicates for three month from the date of purchase they will provide warranty service of the car. If Albany purchase the car for personal use he would make a contract with the seller of the by maintaining the element of the valid contract. Albany can not make a claim for compensation of the car if want it to do that because was outside of the warranty was given. Although if Albany would buy the car for personal use he has the right to lawsuit against the Brenda' to recover the cost repair due to Sale Goods Act implied terms of satisfactory quality.Q. 3: Explain the effects of the following in the running of a Pharmaceutical company such as Green Pharmacy: a) Breach of conditions, and, nominate terms Breach of condition: Condition is the basic term of contract we also can call it hart of the contract. When condition is breached, the affected party can sue as well as end he contract and claim for damages. Warranty: Warranties as a secondary condition can be a specific kind of terms representation of fact that the law can enforce against the warrants.If a warranty is breached the victim party can only demand for compensation but cannot end the contract, therefore Green Pharmacy offer replacements which will conduct to damages only. Nominate terms: As a result of such breach the innocent party is deprived of the whole benefit of the contract. The inexperience vendors will be entitled to repudiate the contract and to get compensations (Hong Kong fir shipping co. Ad v Sukiyaki Essen Aisha Ltd (1962) b) Legality of exemption clauses. Please include relevant examples to explain different aspects of the terms. 00 words An exemption clause is a term in the contract made by one party to protect them from lawsuit done by other party for damage,loss,negligence or non-performance etc. It is done usually by the party who draft the agreement. For example, a digital camera shop use exemption clause in their selling document where they accept no liability for any damaged camera after selling it to customer. Outsource generally describes exemption clauses narrowly to e if it is logical in specific perspective.An exemption clause can be included and bound into a contract if it is written in a signed contractual document; it does not fact whether the party understands it. Task 3: Principles of Liability in Business Negligence Q. 1: In what aspects, liabilities in tort are different from contractual liabilit ies? Give examples of ‘duty of care' in the context of someday- to- day situations. Explain the concept of ‘causation' and ‘remoteness' in the tort of negligence. 220 words Tortuous Contractual liability holds more privacy than liabilities in tort (Fleming, 1984).Sole proprietorship and Partner in partnership are responsible for the tort committed by them and torts committed by the business. In the contractual liability parties are engaged with one another by mutual consent which is conducted by the contract. On the other hand, the relationship in the tortuous liability is imposed by the law, the defendant must responsible the claimant a duty of care. The basic contrast between the contractual liability and the liability in tort is that the first is the result of agreement whereas the second is the result of law.Day to day examples of duty of care: ) Keepers of dangerous pets will hold a duty of care to people who will be likely to be affected. B) Lorry drivers owe s a duty of care to his goods that it's delivering. According to the law, duty of care is a legal responsibility that is applied on an individual requiring maintains a reasonable care during completing a specific task to overtake any acts that make Jeopardize others. Duty of care is done by a employer to his employees, by a traffic police to the pedestrian, by a supplier to the manufacturer for the quality of the raw materials etc.Causation defines and determines the extension of liability. Causation is the indicator through which one party proves that another party makes loss to them that is considered before damages. It may be difficult to prove when there is more than one cause. Remoteness determines how much a defendant is responsible for his wrongful doings. A defendant must make up the damages or loss if it is within the reasonable consideration. Q. 2: Explain the nature of liability in negligence by giving reference to different scenarios. Negligence is not intentional tort b ut accidental.Negligence liability holds that defendant know about the probable risk that can occur damage largely to the injured party. Here the injured party does not know about the risk before it happens. Negligence liability also assumes that the defendant has control power over the probable risk of harms that caused the plaintiff injury. (Lewis, R. , Morris, A. And Elephant, K. 2006). For example, negligence liability occurs when a landlord sell a portion of his property to a customer although knowing about the legality problem in the property documents that may cause serious damage in future if any legal issues increases.In this situation the buyer of the property will know about the problem and damages after the occurrence happens. Another example, negligence liability occurs when a nurse does not mention the medicine to the patient who has no knowledge about the medicine causing the patient take wrong medicine. Q. 3: Explain the legal requirements to hold employers vicarious ly liable for the torts committed by their employees. Vicarious liability in English law is a doctrine that applies rigorous liability on the employers for the wrongdoing of their employees (CRY-Evans Canada Ltd. . Pettifoggers). In this perspective, the person who is vicariously liable is free from blame although the person is legally responsible. An employer is vicariously responsible for doing the conduct of employees or a group of employees, agents, supervisors or managers, a person deployed by the firm disturbing a member, legislation that applies if the person was an employee and not from a contractor or agency. (Merges Docks & Harbor Board v Cogging and Griffith Ltd 1947). We can consider tort of an employee if occurs to connection with the person's employment.Without taking all responsibilities the employers may be held liable for the actions of the employees. (Limps v London General Omnibus Co 1862) Also we may have another situation where the driver of a bus company is not in his course of employment where is injures passengers it can not be responsible for the accident. (Beard v London General Omnibus Co 1900) Courts attribute to the employer where the employers' objectives do not reach in the absence of the employee's serious risk which has committed.So, there are some close connection between the tortuous act of the employee and the circumstances of his employment to establish a vicarious liability. Examples of vicarious liability are: employees seize the goods of the firm. Task 4: Application of Principles of Liability in Business Situations Q. : By applying the relevant legal principles answer the following: (a) what is the level of duty of care to be shown by (1) a learner driver (2) a Chinese herbal doctor working in England and (3) Junior doctor in a hospital? The duty of care refers to the principle that the duty to take responsible care to avoid foreseeable injury to a neighbor.A learner driver Must know the rules and regulations of the tra ffic and level of care is not been different from all other drivers. (Nettlesome v Weston 1971). Understand the possible magnitude of the probable harm or injury occurred on roads. Know the importance f the social value of this activity. Chinese herbal doctor A doctor must mention reasonable harm and can not be considered a full doctor therefore is not grade of comparison. (Sharon v Situ 2004). The relationship between the defendant and the claimant about proximate cause.A Junior doctor To practice under the supervision of senior doctor (Bola v Iffier Hospital Management Committee 1957). Maintain reasonable standard of the profession. Avoid negligence actions for medical malpractices. Know the bad effect of malpractice that causes harm or injury. (b) Green Pharmacy engages Mr. Ken, a local electrician, to rewire its office. Two weeks later Leo, a visitor, is electrocuted. Discuss Green Pharmacy liability in tort. Would your answer differ if Green Pharmacy put the following notice at the entrance: ‘Persons entering these premises do so at their own risk? 25 words A tort liability is the legal obligation of a party which causes to suffer or loss someone as a result of a civil wrong or injury. Green Pharmacy has experience in defending clients, variety of personal injury. In this scenario it is found that one of the visitors has attacked by the electrocuted. There was a rule to set up a notice for awareness. But due to negligence of the employee he notice was not hung. As a result, the Green Pharmacy is responsible for the accident of the visitors. The visitors can sue for getting the compensation of the damage.If there was the rule in the entrance: ‘Persons entering these premises do so at their own risk. In this perspective the visitor should follow the notice in the entrance. If not follow Green Pharmacy will not responsible for the accident. The visitor cannot sue against the company for getting the compensation for the damage. Q. 2: collect his o wn television from a repair shop. He parks his van carelessly and it moves off, injuring Kelly, a pedestrian. Is Green Pharmacy vicariously liable? Vicarious liability indicates a situation where someone is liable for the acts of another person.In this business scenario John is van driver employed by Green Pharmacy who use the van for his personal use to carry a television from a repair shop. As he parks the van carelessly that resulting injured Kelly a pedestrian, the pedestrian can sue against the Green Pharmacy because the owner of the van is the Green Pharmacy who not is vicariously liable for the injury of the pedestrian. Beard v London General Omnibus Co 1900 (b) Robert, who is a security guard in Green Pharmacy head office, has been encouraged by the company to keep order by force – if necessary. One night he grabbed one Martins on suspicion and stabbed him in the back.Discuss the potential vicarious liability of Green Pharmacy. 100 words Here Green Pharmacy plays the role of the employer and Robert is the employee of this. Green Pharmacy is vicariously liable for the act of the Robert because he has done the action encouraged by the company to protect his Job. Seemingly, Green Pharmacy is free from the blame but it is legally liable for the negligence of the employee. As a result Mr.. Mantis affected by stabbing can demand for the compensation that must be paid y the company. Many employers are not aware that they can be liable for a range of actions done by their employee in the course of their employment.Conclusion: To regulate and expand the business the importance of law is increasing day by day. The capacities and culture of the different organization and nations are not same. Law provides the fundamental understanding of the negotiation deals that is required in the business. Legitimate contract helps to debate settlement of the business organization in the court by legal Jurisdictions. Top management of a organization should know the reas onable information about the various elements of he agreement to understand and get important point in the business arena.

The And Current Project Management Approaches - 1643 Words

1. Introduction The purposes of managing projects are obtaining specific goals with proper planing, organizing, motivating and controlling of resources. Various methods and studies are being used for achieving the best possible outcomes of projects. However, the status quo shows the drawbacks of current projects management. LPDS is the method known as a excellent means that functions on saving resources, and minimuns the costs of projects. ‘Lean production ’ is named by a MIT (Massachusetts Institute of Technology) research group for making the system firstly generated by the Toyota Motor Corporation more easily to accept in implementing projects (Mahsa, 2013). In this article, the comparisons between LPDS and current project management†¦show more content†¦This is the responsibility of the project manager and team to assign which particular areas will be handled by whom or who fits better for a particular activity. Project Management Processes The process follows the concept of PDCA which is the cycle of plan, do, check and act. The endpoint of this part of cycle becomes the starting point of the next part following the first part. Project Management Process Groups (Principles) There are five major independent groups which sequentially perform during the execution of the project. Base on the PMBOK, the scope of them will be listed below: ï  ¬Initiating Process Group: this group is responsible for defining and authorizing the plan of the project; ï  ¬Planning Process Group: this bunch of people set the objective and scope of the project hereby planning the series of activities to meet the set scope as well as the objective; ï  ¬Executive Process Group: this group focuses on assigning activities to the appropriate lot to carry out the project plan; ï  ¬Monitoring and Controlling Process Group: they monitoring from time to time the progress of the project execution and take necessary actions if needed to go as per the scheduled plan; ï  ¬Closing Process Group: it sequentially ends up the project authorizing the outcome of the project. Process Interaction A project can be phased or divided into phases, the group tends to interact within the phase or cross the phases. The output of one process group impacts the other processes.