Planning and Decision Making Essay Example for Free

Planning and Decision Making Essay Planning and decision-making are critical processes for effective police administration because: (1) planning is the first step to the effective operation and good management of a police department; (2) planning is the essential element of decision –making; (3) effective planning can eliminate or reduce potential catastrophe resulting from manmade and natural disasters; (4) decision making can usually be described in three types of theoretical models rational, incremental, and heuristic none of which defines all of the elements and factors that affect every decision; (5) the decisions individuals make during crisis situations often define their leadership abilities and, in some cases, their career success; (6) police administrators rarely act alone and most decision making within a police department is conducted at the group level; and (7) decision making is rarely perfect, and is often marred by individual and group weakness that can be identified and hence, avoided. (Swanson, 2012) Yes I agree on my topic with what the author is talking about, because planning and decision making from personal experience is very big. Making decision is very stressful at times that will lead to depression that comes with giving up and frustration that might makes you uncertain of making the best choice. Planning is the most basic function of management. It preceded other functions because a manager plans before he acts. Planning involves determination the objectives and selecting courses of action that will lead to the achievement of predetermined objectives. I don’t like to plan because I get over my head, and too excited and can’t wait for the day to come.

Carl Jungs Analytical Psychology Theory

Carl Jungs Analytical Psychology Theory Introduction Carl Jung was born in a small Swiss village, Kessewil, on July 26, 1875. His father was a minister and his extended family in whose midst he grew up had quite a few clergy men. He went to boarding school and was mostly a loner, who did not enjoy schooling much and initially wanted to go into the field of archaeology after which he decided on medicine at the University of Basel, Switzerland (Storr, 1983). Jung had many dreams, visions and fantasies that he carefully recorded. He was also an expert in many mythological and mystical traditions like Gnosticism, Kabala, Alchemy and Buddhism. All of these contributed increasingly to his views and theories that were developed in later years. Jungs career path and his personality theory were influenced by many of his early experiences. After completing his medical degree from the University of Basel, he began his career at the University of Zurich in 1900. His doctoral thesis on Psychology and Occult phenomenon was heavily influenced by his years of work at the Zurich insane asylum. Jungs interest in parapsychology is clearly illustrated in his concepts and also in much of his work and writing. Jungs own life was quite colorful, his marriage to Emma Rauschenbach and his affair with Toni Wolff who was a therapist working with him was a scandal that created waves in his academic and personal life. His own spell of psychological breakdown which lasted about 6 years led him to a deeper analysis of the psyche and also contributed to his ideas and thoughts in the later years. Collective and Personal Unconscious Jungs methods in Analytical Psychology were developed from Freuds concepts. He did agree to the idea of Libido being the driving force behind all actions, but he refused to agree that it constitutes only sexual energy. In addition to the Ego, he also talked about two types of unconscious being a part of the psyche- collective and personal. He explained the collective unconscious as being derived from years of experiences and something that has been acquired across a vast line of ancestors, which is common to all human beings. He derived this by advocating the idea that certain common themes or symbols have existed across cultures and in every individual which comprised what he called archetypes of the collective unconscious. The more active part of the psyche was believed to be the personal unconscious. He believed that the psyche operated on three mina principles which were: The principle of opposites: In every psyche there is an energy flowing from contrasting desires. The principle of equivalence: There is energy that is equally available to both desires, one is fulfilled and the unfulfilled one must be acknowledged for balance and growth. The principle of entropy: Much like in physics, the psyche also had a concept wherein the opposing poles that create this energy become less contrasting as we age leading to a more stable personality. Archetypes: Jung described and listed various archetypes that constitute the psyche and personality of an individual. These included the Persona, the self, the anima, the animus and the shadow to name a few. The persona refers to those masks we wear which allow us to act differently according to the constraints and expectations of society and individual situations. The persona is not simply a mask but also defines how an individual connects to others and fulfils the roles and responsibilities conferred upon them on various occasions. The self is the true nature and propensities of the individual; it is believed to be the archetype of the psyche that is believed to be the main cause of wholeness and centrality. Jung believed the self to be the area that could lead to a reconciliation, acceptance and awareness of the opposing nature and forces that are constantly creating a struggle in the individual. When a person has acquired proper understanding and has come to terms with the many opposites or polarities of their nature, then they are growing closer to the process of complete understanding. Such a realization and acceptance of the self is what led to the greats like Buddha, Jesus and others to transcend their daily realities and be in tune with the life around them on a higher level. The Anima was the feminine side or instincts that may occur in a male while animus was the male side that is seen in females. The Animus was the masculine side that is there in females and it would define how women relate to males around them. The projection of the anima is what Jung believed decided the kind of woman a man would fall in love with. Too much anima in a man can lead to effeminate habits while in a woman a greater expression of animus contributed to predominantly male traits such as aggression, dominance and so on. The shadow refers to what in laymans terms would be called the dark side. It consists of all those repressed urges and instincts; it is the inferior being who we do not allow out. It is a primitive, uncontrolled part of us that is almost animal like in its responses and urges. There is often a personification of the shadow that occurs in many cases. This is why sometimes we develop an unexplained dislike of some traits in others of other individuals. On exploration it may be found to be a certain habit or urge that we have locked away in us. Jung does not condemn the shadow in man; he does not believe it needs to be locked away. Just as commonly we would always suspect something that is too good to be true, man must live with his dark side, accept that there is the other side rather than live in the strain of denying its very existence. There are conflicts created when we strive to live with ideals and illusions of perfection creating an irritability and lack of acceptance in the ind ividuals. The danger of continually repressing the shadow is that it grows in strength in the unconscious until in one opportune moment it bursts out in a fit of uncontrollable rage and leads to many grave consequences. We can better relate to it when we think back to times when we said I dont know what came over me! Jungs archetypes were many more and he believed that there wasnt a fixed number to the different archetypes that are seen. There are many others seen and each of these contributes to the individual, his or her learning, understanding and functioning in the world around them. Complexes: Jung was also well known for his work on what he termed complexes and how a word association test was developed to draw out these complexes in individuals. He is said to have arrived at the idea of complexes form word association tests conducted while recording galvanic skin responses. Jung stated that a complex is a set of suppressed feelings and thoughts that will gather around a certain theme of the archetype. He said that complexes in themselves did not create neurosis. It is the reactions or behavior caused by the complexes that were problematic. Understanding their effects on behavior and acknowledging them was important for the process of growth and sell fulfillment. The ultimate goal of psychotherapy in Jungian analytics was individuation of the self by transcending the opposing energies. He arrived at the concept of Mandala which symbolized completion or wholeness and balance. Jung helped his patients to look at their lives from a religious, historical and spiritual point of view. Individuals were encouraged to question, explore their psyche beyond their ego or I and arrive at concepts rather than blindly following rules. Another interesting concept that Jung propagated was that of Synchronicity and Teleology. These were both derived from his study of mythology and his own exploration of parapsychology. Synchronicity refers to two events that occur coincidentally, have different causes or origins but are connected in a meaningful manner. Through teleology Jung spoke of how the past has bearing on the future by how it determines how we are led into the future by certain ideas we have about how it should be. Such esoteric and distinctive concepts are underlined and emphasized greatly in Jungian analytics which looks at weaving together psychology and spirituality in a manner of speaking. It is in this respect that he greatly differed from Freuds theories which were more carnal and expounded heavily on everything being driven by sexual desires. Psychological Types Jungian Analytics discusses various psychological types. Every individual has differences in temperament and perceptions that will make them see and react to situations differently. The primary distinction is based on attitude which can be classified as Extraverts and Introverts. Extroverts are said to have an outward flow of their energy or libido. The extravert responds highly to external stimuli, situations, people, objects and is comfortable with interactions, relations and external accomplishments. Being a loner or a social isolate is not suited to people with such temperaments. The opposing pole of this is the introvert who is more in tune with the internal processes in the psyche and thus more open to feelings, fantasies, dreaming. These individuals prefer the subjective realm of images and thoughts and will function better individually than in large groups and also when free from external pressure to conform to the environment. People belonging to both categories hold one another beneath themselves. Extroverts would feel introverts to be restricted and self centered. Introverts would feel extroverts to be opportunistic, shallow and hypocritical. In every individual both tendencies are present but in different degrees. For example an extrovert would ha ve underdeveloped introverted tendencies which can be seen in the form of depression. An additional insight was that people have different ways of perceiving the world which Jung classified into four categories. These included thinking, sensing, intuiting and feeling. Thinking: this involves individuals who take information into their system and evaluate, analyze and arrive at conclusions and ideas in a logical or rational manner. The thinker thus assesses and evaluates the raw information that he takes in from the outer and inner world. Sensing: Sensing individuals gather information about the inner and outer world around them by gathering the inputs through their senses. A sensing individual gets to know the world and perceives what is around him by listening to what he can hear and looking at information. Intuiting: Intuition is a level of perception that is beyond the usual level of consciousness, it involves putting together large amounts of information rather than what is just seen in the immediate environment. Feeling: Feeling is much like thinking but it involves weighing the emotional responses that are evoked to the information that is gathered by an individual. Each individual has each of these functions but uses them in different ways or to different degrees in their daily life. Jung sees the ideal to be the development of all of these functions even the opposite ones in the right degree to form a balanced individual. A personality typology was developed by Jung based on these particulars and these concepts were wildly popular and later developed into a type indicator by the mother daughter duo, Katherine Briggs and her daughter Isabel Briggs Myers. It came to be known as the Myers Briggs Type indicator. For those looking for a more religious and mystical perspective, Jungs theories brought a sense of fulfillment, something they could truly relate to.

Customs of Amerindians :: essays research papers

Customs Of Amerindians Taino The Taino loved dancing and singing and used the same word for both arieto. They danced and sang to the music of drums, reed pipes and wooden gongs at festivities such as the naming of a baby, the wedding of cacique or the inauguration of a new cacique. Another Taino custom is the flattening of foreheads of newborns. The Taino saw it as a sign of beauty. The newborns heads were bound between two boards to flatten the forehead a few days after the child was born. The Taino played a game called batos, which was played on a marked field with two teams trying to hit the ball with their hips, knees, heads, elbows and shoulders into their opponent’s goal line, was another custom. Kalinago At a son’s birth there was a special ceremony during which the father was cut with agouti teeth and expected to bear the pain without flinching so that his son would grow up to be brave. The boy was periodically rubbed with the fat of slaughtered Tainos so that he might absorb their courage and then he underwent the initiation ceremony, which changed him from a boy to a man, and a warrior. Now he had a new name and was a true Carib. Another custom was the Kalinago used to decorate their bodies with a dye called roucou. This was made from vegetable dye and oil, which the Kalinagos felt toughened their skins and protected against insect bites. Another custom was the Kalinagos entertained many guests and when the guests had eaten their fill they were entertained with singing and dancing to the music of drums, reed pipes and whistles. The guests were welcome to stay as long as they liked and when at last they decided to leave they were given gifts and asked to stay longer. Maya Maya were broad headed and as soon as a baby was born, squeezing it gently between two boards flattened its head. This gave them a noble air and their heads were then better adapted to carry loads. The Maya were also cross-eyed. This was regarded as a special mark of beauty and distinction. Mothers would hang a ball in front of their children so that they would focus on it and therefore develop cross-eyes.

Voice and Ambivalence in Bless Me Ultima and Baby of the Family Essays

Voice and Ambivalence in Bless Me Ultima and Baby of the Family  Ã‚        Ã‚   Bless Me Ultima and Baby of the Family serve as the 'coming of age' stories of two minority children. Rudolfo Anaya and Tina McElory Ansa skillfully reveal the richness, diversity, and conflicts that can exist within the Hispanic-American and African-American cultures primarily through the dream sequences in each novel. Dreams are the mechanism used in each work to magnify the individual experiences and conflicts Tony and Lena encounter. In addition and perhaps, more importantly, Tony and Lena deal with ambivalence and find their voices not only through the relationships with other characters, but through the resolution of their dreams. To truly fathom how integral and dependent the dreams are in the novels, a few definitions are in order. Dreams are defined, not only as "images passing through a sleeping person's mind" (Neufeldt 132). Dreams also include the mystical events or dream-like occurrences within each novel. Dreams are a way for each character to connect to the past and, perhaps reveal the future. The otherworldly experiences or dreams of Tony and Lena help guide them down the road of ambivalence, and eventually lead to an awakening or the attainment of 'voice.' Webster's New World Dictionary defines ambivalence as "simultaneous conflicting feelings" (13). These 'conflicts' can be seen in external situations, and typically have serious internal implications. This condition is one of the defining factors of the Hispanic-American experience. Are Hispanics immigrants or minorities? In terms of religion, are they Catholic or Indian? Typically, Hispanic- Americans blend the two choices because neither situation totally applies to them. Perh... ... Once Lena and Tony are reconciled to the swirling adventures that transpire around them, there is a resolution. A rebirth of sorts occurs for each character as they realize that they must take conflicting ideologies and mesh them together to form individual voices.    Works Cited Ansa, Tina McElroy. Interview with Tina McElroy Ansa by Doubleday. Book Group Corner. http://www.randomhouse.com/resources/bookgroup/handifanwith_bgc.html. accessed 30 Oct. 2000. Callahan, John F. In the African-American Grain: The Pursuit of Voice in Twentieth-Century Black Fiction. University of Illinois Press: Urbana and Chicago. 1988. Neufeldt, Victoria, ed. Webster's New World Compact School and Office Dictionary. 1 vol. to date. MacMillan: USA. 1995. Wood, Scott. "Book Reviews: 'Bless Me Ultima.'" Contemporary Literary Criticism. vol. 23 (1983): 22.      

St Francis Of Assisi :: essays research papers

Francis of Assisi lived about eight hundred years ago. He was born in the city of Assisi, Italy, in 1182. He was the son of Piero of Bernadone, who was a wealthy merchant. He received a education and seemed to follow his father's footsteps as a wealthy merchant. In 1201 he took part in an attack on Perugia, was taken hostage, and remained a captive there for a year. After his release, Francis joined the army but couldn't complete his time because he got sick. This period of time would change his life forever. During his sickness, Francis would spend hours meditating on the Lord in an old church, and he felt God drawing near to him. Some people come to Jesus with a memorable experience, but others come to Christ through a process. Francis' conversion wasn't an overnight experience, but it was definitely real. Francis was famous for his love of all creation. He called for simplicity of life, poverty, and humility before God. He worked to care for the poor. Thousands were drawn to his sincerity, piety, and joy. In all his actions, Francis sought to follow fully and literally the way of life demonstrated by Christ in the Gospels. He died in 1226, at the age of 44. Dorothy Day, founder of the Catholic Worker movement, was born in Brooklyn, New York, November 8, 1897. After surviving the San Francisco earthquake in 1906, the Day family moved into a house in Chicago. It was a big step down in the world because John Day was out of work. Day's understanding of the shame people feel when they fail in their efforts dated from this time. Day lived long enough to see her achievements honored. In 1967, when she made her last visit to Rome to take part in the Congress of the Laity, she found she was one of two Americans invited to receive Communion from the hands of Pope Paul VI.

Capacity Contract Law

Question 1(i) Phing, 17 years old daughter of a wealthy businessman is currently studying at a University College at Kelana Jaya. She bought a luxury car Audi R8 worth RM 900,000. The car has now been delivered but she is unable to payfor it. Firstly, Phing is a 17 years old teenager which also known as minor. Minor is a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract. In Capacity of Section 11 define a person who is of the age of majority, sound mind and is not disqualified from contracting under any law.Age of majority is recognized as above 18 years of age as stated in the  Age of Majority Act 1971. Below are similar with the case, which case 1: Ryder v. Wombwell (1868), the defendant, an infant, having an income of only 500 Pounds per year was supplied a pair of crystal, ruby and diamond solitaries and an antique silver goblet. It was held that these things could not be considered to be nec essaries. It was observed that certain things like ear rings for a male, spectacles for a blind person, or a wild animal, cannot be considered as necessaries.For another case which case 2: Mohori Bibee v. Dharmodas Ghose (1903) the plaintiff, Dharmodas Ghose, while he was a minor, mortgaged his property in favour of the defendant, Brahmo Dutt, who was a moneylender to secure a loan of Rs. 20,000. The actual amount of loan given was less than Rs. 20,000. At the time of the transaction the attorney, who acted on behalf of the money lender, had the knowledge that the plaintiff is a minor. The plaintiff brought an action against the defendant stating that he was a minor when the mortgage was executed by him.Held mortgage was void and inoperative and the same should be cancelled. In the Phing case, she is unable to pay for luxury car Audi R8 which is already delivered to her. Under the Sale of Goods Act (1979) Phing is against the section 32 of the Act goes on to say that unless otherwis e agreed, delivery of the goods and payment of the price are concurrent conditions. This means that the seller shall be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer shall be ready and willing to pay the price in exchange for possession of the goods.However, before look on the section 32 of the Act we also have to refer the Section 3(2) of the Act. Under this section, necessaries are defined as the goods are suitable to the condition in life of the minor or other person concerned and to his actual requirements at the time of sale and delivery. â€Å"Necessaries† are things which are essential to the existence and reasonable comfort of the infant. Luxurious articles are excluded. Thus, what may be termed as necessaries depends on the nature of goods supplied as well as the infant’s actual needs.In the next case which case 3: Fawcett v Smthurst (1914) the court ruled that a minor is not bound by a contract for the hire of a car, although it was a necessary service, as the contract included the terms which make him liable for damage to the car ‘in any event’, whether or not the damage in his fault. Where there is a binding contract for necessaries, the minor is only bound to pay a reasonable price for them. Next case is relevant with luxury cases, case 4: Chapple v. Cooper (1844) a minor whose husband had recently died contracted with undertakers for his funeral.She later refused to pay the cost of the funeral, claiming her incapacity to contract. The court held her liable to pay the bill. The funeral was for her private benefit and was a necessary as she had an obvious obligation to bury her dead husband. In the next, case 5: Nash v Inman (1908) a Cambridge undergraduate, the son of an architect, was supplied with clothes, including 11 ‘fancy waistcoats’, to the value of $122. The cloth could be appropriate to the station in life of the undergraduate, but the contra ct was not enforceable because the minor was already adequately supplied with clothes.Therefore clothes supplied by the tailor could not be classified as necessaries. As conclusion, in the Phing case, she is only a minor and not has any income when she was studying, therefore, the luxury car may not be the necessaries for her. In conclusion, Phing buy luxury car Audi R8 contract is void, she is not obliged to accept and pay any damages. Question 1(ii) In this case, Phing is a 17 year old student bought a Myvi as a transport to travel back and forth from the college. In the element of contract, Phing is already against with the capacity section 11.In section 11 of capacity say that â€Å"Every person is competent to contract who is of age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. † It means that the following three categories of persons are not competent to contract . The position of a minor is a person who has not attained the age of majority is a minor. Section 4 of the age of majority, the minority of all males and females shall cease and determine within Malaysia at the age of 18 years and every such male and female attaining that age shall be of the age of majority.However, some contracts of capacity made by infants are not void there are contract for necessaries, contract for scholarships and contract for insurance. In the case of Phing bought a Myvi may be necessaries for her to travel back and forth from the college. According the section 69 of Contract Act (1950) say that the necessaries supplied to a minor â€Å"should be suited to his condition life† it does not mean the food, clothing, shelter and education, but such things which may be necessary to maintain a person according to his condition in life.Below is the cases that related with contract for necessaries, which case 1: Kunwarlal v. Surajmal (1963) It has held that the house given to a minor on rent for living and continuing his studies is deemed to be supply of necessaries suited to the minor’s conditions of life, and the rent for the house can be recovered. For another good summary case is case 2: Chapple v Cooper (1844) where the court ruled that the funeral service of her husband was a necessary service for the young widow in this case, so she was obliged to pay. In the case of case 3: Clowes v.Brook (1739) where, though the plaintiff Farrier's claim for work done on an infant's horse failed on technical pleading grounds, it would appear clearly to have been accepted by the Court that a horse could be a necessary in certain cases. In the case 4: Mohori Bibee v. Dharmodas Ghose (1903) case, the Privy Council did not consider it necessary to decide whether Section 115, Indian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age o f the borrower .Under the Section 3(2) of the Sale of Good Act (1979), provides that if goods are sold and delivered to minors  or those mentally incapacitated  the minor will be liable to pay a reasonable price if the goods are necessaries. The case more suitable for showing this section is case 5: Roberts v. Gray (1913), in this case a minor was held liable for his failure to perform a contract for a tour with the plaintiff, a noted billiards player. It was a contract for the instruction of the minor. The contract was wholly executory and but it was held that the contract was binding on him from its formation. In conclusion, in Phing case to purchasedMyvi, Myvi car is her necessaries good for her to travel back and forth from the college and she is able to afford it, so the contract for her to purchased Myvi car is valid. Question 1(iii) Phing is 17 year old, she is a student which studying at a University College at Kelana Jaya. She now has to take a state loan of RM 20,000 f or her studies in the college. 17 year old is not attained the age of majority, for another word Phing is also call as minor. In capacity section 11 define that a person who legally underage; who has not yet attained the age of majority, and which are denied the ability to fully and freely contract.The similar case that related which case 1: Burnard v. Haggis (1863), there a minor hired a mare. It was expressly agreed that the mare will be used only for riding and not â€Å"for jumping and larking. † The mare was made to jump over a fence; she was impaled on it and killed. It was held that the minor was liable for negligently killing the mare as his act was totally independent of the contract made by him. For another similar case, which case 2: Ballett v. Mingay (1943), there a minor hired a microphone and an ampliphier. Instead of returning the same to the owner the minor passed it on to his friend.It was held that the minor’s act of passing it on was altogether outsi de the purview of bailment and, therefore, the minor could be made liable for detinue. In the Phing case, she unable to have the contract to get the scholarship, but Under the Section 69 of Contract Act 1950, it is said that â€Å"if a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. Under necessaries a minor can enter into valid contract if only it is the basic need of the minor and suitable of his or her station in life or lifestyle. The similar cases that related with, which case 3: Mohori Bibee v. Dharmodas Ghose (1903) case, the minor misrepresented his age while taking loan, but the fact that the person taking the loan is a minor was known to the money lender.The Privy Council did not consider it necessary to decide whether Section 115, In dian Evidence Act was applicable to the present case, because the money lender was not misled by the false statement made by the minor as has was aware of the real age of the borrower. Contract of Scholarship between a minor and the government or non government organization is also under Section 4 (a) Contracts (Amendment) Act 1976 â€Å"the scholar entering into such agreement is not of the age of majority†. Next similar case, which case 4: Government of Malaysia v.Gurcharansingh & ors (1971) say that when the award, bursary, loan or scholarships granted by the federal or state government, a statutory authority, or an educational institution such as a university. Thisis a good example case to show the contract of scholarship, in this case Gurchran is a student who had received a government scholarship to undergo teacher training and was bonded to serve the government. However, Gurcharan left the service before completing his 5 years bond. When the Government sued Gurcharan f or breach of contract, he contended that he had no capacity to contract.The court, never the less, held that education was a necessary. For another good case is case 5: Harnedy v National Greyhound Racing Co. Ltd, where the contract does not appear to have had any connection, whether by way of analogy or otherwise, with contracts for the education or employment of children or contacts for personal services. The distinction between trading contracts and contracts for apprenticeship and education and analogous contracts may often be difficult to draw. Treitel has commented that, an infant haulage contractor is a trader, but probably an infant driver would not be.An infant house painter probably be regarded as a trader, but not an infant portrait painter. In conclusion, Phing have to take loan of scholarship to continue her study, so the scholarship will be the necessaries for Phing, so the contract for her to get scholarship is valid. Question 1(b) Johnny is an old man. He has childre n, Joe and Victoria. Johnny has informed everyone that when he dies, the property is to be shared equally among Joe and Victoria. He stays with Victoria and is totally dependent on her to look after him. Johnny loves Victoria and does whatever she tells him to do.Two months ago, Johnny transferred all his property to Victoria. In this case, Victoria take care of her father is her responsibility, but Johnny should not transfer all property to Victoria although he loves Victoria so much. Johnny should be fair for Joe too. On the other situation, Victoria maybe said something or persuades her father, Johnny to transfer all property to her. If this situation become true, Victoria is against vitiating factors, Section 10 – Contracts must be entered into with free consent of the parties and Section 10(1) – all agreements are contracts if they are made by the free consent of parties competent to contract.Section 14 Consent is free when it is not caused by Section 16(1) undue influence – Undue influence occur where there is a relationship between the parties and one party is in the position to dominate the will of the other. The dominant part uses that position to obtain an unfair advantage over the other. The word â€Å"undue influence† has the tendency to make people feel that it would include situations where one party is about to persuade the other through some kind of influence in a general sense ands. Undue influence can divide into actual undue influence and presumed undue influence.Actual undue influence as the name suggests, requires proof that the contract was entered into as a result of actual influence exerted. The claimant must plead and prove the acts which they assert amounted to undue influence. This may include such acts as threats to end  a relationship, continuing to badger the party where they have refused consent until they eventually give in. For presumed undue influence is no automatic presumption arising as a matte r of law. Here it must be established that there is a relationship of such a kind that one party in fact placed their trust and confidence in the other to safeguard their interest.Any relationship is capable of amounting to this examples include husband and wife, cohabitees, employer and employee. In Section 16(2) – person is in a position to dominate the will of another where he holds a real/apparent authority over the other, or where he stands in a fiduciary relation to the other, he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness or mental bodily distress. Next, in Section 16(3) – where a person who is in a position to dominate the will of another, enters into a contract ith him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that the contract was not induced by undue influence shall lie upon the person in a position to domina te the will of the other as the case 1: Re Craig (1971) C, an old man of 84 years whose wife had died, employed Mrs M as secretary/companion. From the beginning she occupied a position of trust, and in addition to running the house she took a confidential part in running C's affairs.From the time of Mrs M's employment and C's death (January 1959 – August 1964) he gave her gifts worth ? 28,000 from his total assets of ? 40,000. It was held by the Chancery Division that All the gifts complained of where such as to satisfy the requirements to raise the presumption of undue influence, namely, that they could not be accounted for on the ground of the ordinary motives on which ordinary men act, and secondly, that the relationship between C and Mrs M involved such confidence by C in Mrs M as to place her in a position to exercise undue influence over him.Mrs M failed to discharge the onus on her of establishing that the gifts were only made after ‘full, free and informed discu ssion' so as to rebut the presumption of undue influence. The gifts would, therefore, be set aside. Other similar cases, which case 2: Williams v Bailey (1866) – A son forged his father's signature on promissory notes and gave them to their bankers. At a meeting of all the parties at the bank, one of the bankers said to the father: â€Å"If the bills are yours we are all right; if they are not, we have only one course to pursue; we cannot be parties to compounding a felony. The bank's solicitor said it was a serious matter and the father's own solicitor added, â€Å"a case of transportation for life. † After further discussion as to the son's financial liability the bank's solicitor said that they could only look to the father. The father then agreed to make an equitable mortgage to the bank in consideration of the return of the promissory notes. The father succeeded in an action for cancellation of the agreement.It was held by Lord Westbury that the security given fo r the debt of the son by the father under such circumstances was not the security of a man who acted with that freedom and power of deliberation that must be considered as necessary to validate a contract to give security for the debt of another. Besides that, in the Singapore High Court case, which case 3: che Som bte. Yip & Ors. V. Maha Pte. Ltd. & Ors. ( Maha Pte. Ltd. & Anor. , Third Parties) a mortgage deed was set aside in so far as it affected the plaintiff over whom undue influence was exercised.In this case the relationship was that of brothers. This relationship does not per se (That is, on the face of it) give rise to a presumption of undue influence. However, the court found as a fact that undue influence was indeed exercised. In the next similar case, which case: 4 Inche Noriah v. Shaik Allie Bin Omar (1929) case, an old and illiterate Malay woman executed a deed of gift of a landed property in Singapore in favour of her nephew who had been managing her affairs. Before executing the deed the donor had independent advice from a lawyer who acted in good faith.However, he was unaware that the gift constituted practically he whole of her property and did not impress upon her that she could prudently, and equally effectively, have benefited the done by bestowing the property upon him by a will. Held the gift should be set aside as the presumption of undue influence, which is raised by the relationship proved to have been in existence between the parties, was not rebutted. A plea of undue influence can only be raised by a party to the contract and not by a third party, this have been show in the case, which case: 5 Malaysian Freach Bank Bhd. V. Abdullah bin Mohd Yusof & Ors.It was held that in order to establish undue influence, the defendants have to prove that the plaintiff was in a position to dominate their will and thus obtained an unfair advantage by using that position. In this case, there is undue influence involving family members or friends. O ften cases arise that involve family and friends who become parties to a contract. In general, family relationships, such as between husband and wife or parent and child, are confidential relationships. These relationships, like fiduciary relationships, have at their crux a history of â€Å"informal† trust and confidential dealings.In cases that arise where a family member gains a profit or distinct advantage through dealing with a weaker party, the courts have looked to see if the weaker party is very old, mentally incapacitated, suffering from debilitating sickness, or otherwise physically or psychologically impaired. Such physical or psychological impairment combined with a lack of independent advice and a contract giving an obvious advantage to a family member would force the stronger party to prove the contract's fairness. The cases of undue influence, which case:6 Allcard v.Skinner – Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superi or of a religious order named â€Å"Protestant Sisters of the Poor†. She had to observe vows of poverty and obedience. Three days after becoming a member, Miss Allcard made a will bequeathing all property to Miss Skinner, and passed on railway stock that she came into possession of in 1872 and 1874. She then claimed the money back after she left the sisterhood. Held: Lindley LJ, held that she was unduly influenced but barred by laches from getting restitution.And in any case she would only have been able to recover as much of the gift as remained in the defendant’s hands after some of it had been spent in accordance with her wishes. Another next case, which case 7: In Royal Bank of Scotland v Etridge 2001, the House of Lord indicates that, in normal circumstances, a wife’s agreement to charge the matrimonial home as security for her husband’s business debts is not a transaction that calls for explanation. Undue influence connotes impropriety, and should o nly be found where the husband’s influence has been ‘misused ‘.Then, the other case, which case 8: Lloyds Bank Ltd v Bundy  (1974) – Herbert James Bundy was a farmer. His son, Michael, formed a MJB Plant Hire Ltd and it was in financial trouble. Mr Bundy had already guaranteed the business with a ? 7,500 charge over his only asset to Lloyds. This was his farmhouse at Yew Tree Farm,  Broadchalke, and Wiltshire. Michael's company got into more trouble still, and needed more money. Bundy's solicitor said not to put on any more money, but they went up to ? 11,000.The assistant manager of Lloyds, Mr Head explained the company's position to Bundy (i. e. a conflict of interest) but neglected to say the company was in serious trouble. Bundy signed the guarantee and charge form. Lloyds foreclosed on the house when the money was not paid, and Bundy had a heart attack in the witness box. The question was whether the contract leading to the repossession of the hous e was voidable for some iniquitous pressure. The held is that the contract was voidable due to the unequal bargaining position in which Mr Bundy had found himself.He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. It was apparent that Mr Bundy had, without independent advice entered the contract and it was very unfair and pressures were brought to bear by the bank. Another similar case, which case 9: National Westminster Bank v. Morgan (1985) Mrs Morgan jointly owned the family home with her husband. As a result of his business problems, their mortgage payments fell into arrears, and the bank started to seek possession.Mr Morgan approached the bank to arrange a refinancing loan (this work as follows: if Mr Morgan’s original mortgage was for ? 50,000, and he owed arrears of ? 5,000, he could replace the mortgage with a refinancing loan of ? 55,000, and start afresh). Mr s Morgan’s signature was required to use the house as security for the extended loans. The bank manager went to see her, in the presence of Mr Morgan; she made it clear that she had little confidence in her husband’s business and wanted to talk to the manager alone, but this did not happen, and she eventually signed to prevent the house being repossessed.The loan was not repaid, and Mr Morgan later died. When the bank tried to take possession of the house, Mrs Morgan pleaded undue influence. Next, the case which case:10 CIBC Mortgages v Pitt  (1994) Mr Pitt wished to purchase some shares on the stock market. He pressured his wife into signing a mortgage of ? 150,000 securing the family home. The stated purpose of the loan was to purchase a holiday home and pay off the existing mortgage. The husband used the money to purchase shares and then used those shares as collateral to purchase further shares.For a time the shares did very well and he was a millionaire on paper . The wife saw no benefit from these shares as any income was always used to purchase more shares. In 1987 the stock market crashed. The bank sought to enforce the security under the mortgage which at the time exceeded the value of the home. The wife raised actual undue influence in defence. The judged is the Overruling BBCI v Aboody – it is not necessary for a claimant to demonstrate manifest disadvantage where a defence is based on actual undue influence.However, as the transaction on its face did not seem to the manifest disadvantage of the wife, because the stated purpose was to purchase a holiday home, the bank was not put on enquiry and therefore could not be fixed with constructive notice. In the case:11 Bank of Credit and Commerce International v Aboody  (1990) A husband exerted actual undue influence over his wife in order to get her to sign a charge securing the family home on the debts owed by the company in which the husband and wife owned shares. The couples we re unable to repay the mortgage and the bank sought to repossess the home.The wife sought to have the mortgage set aside on the grounds that it was procured by actual undue influence of the husband. Held the husband had exerted actual undue influence on the wife. However, the transaction was not to the manifest disadvantage of the wife since she owned shares in the company. In considering whether a transaction was to the manifest disadvantage the court was to have regard to any benefits received in addition to the risks undertaken. Therefore the banks were granted possession. Furthermore, in case:12 Credit Lyonnais Bank Nederland NV v Burch  (1997) Miss Burch started working for her employer at the age of 18.She became close to the director, Mr Pelosi, who was an Italian business man 10 years older and trusted him implicitly. She often visited his home to do babysitting and went on holiday with the family to Italy. At the age of 21 she purchased a flat. 5 years later, she was stil l working for him but the company was experiencing financial difficulty. Mr Pelosi asked her to put her flat up as security for a loan taken out by the company. He told her that his home and villa in Italy were also secured on the debt but they would not accept 100% mortgage on these properties and needed another ? 0,000. She agreed to allow her home to be used as security believing that it was only ? 20,000 and that Mr Pelosi's properties would first be sold which would release the debt so that there was no risk to her. The bank had written to her and informed her that the charge was unlimited in amount and time and advised her to seek independent advice. She at no time was told of the extent of the company's borrowings which stood at ? 270,000 neither did the bank satisfy themselves that she had in fact received independent advice.In the case: 13 UCB v Williams  (2002) The Williams family (Mr & Mrs Jack Williams and their three grown up children) ran a garage business as a partn ership with the benefit of a franchise from Toyota. Toyota threatened to withdraw the franchise unless the showrooms were extended and improved. The cost for this was ? 500,000. The Williams approached the bank for a loan which asked for security by way of a charge on the three showrooms in addition to a charge on each of the partner’s home. The defendant, Mrs Williams, was the wife of one of the sons.She had signed the charge without having been told the full extent of the liability. The signature was executed in the presence of all the other partners and witnessed by Mr. Howells, the solicitor of the partnership. The charge secured all debts present and future of the partnership and provided for joint and several liabilities of all the partners. The business was unable to repay the loan and became bankrupt. UCB sought to enforce the charge and Mrs Williams raised undue influence and misrepresentation in her defence. The trial judge, HHJ Hickinbottom, held that undue influen ce and misrepresentation were established.However, he held that Mrs Williams would have signed the charge in any event had she known the full facts and also that UCB were not fixed with constructive notice as a solicitor had witnessed the signature therefore they could assume Mrs Williams had been advised accordingly. Mrs Williams appealed to the Court of Appeal. Held Mrs Williams was successful on both grounds. In conclusion, Joe still can voidable the contract about the Johnny transferred all his property to Victoria. If the contract is void, property Johnny will use back the contract in early to share equally among for Joe and Victoria.

Whirlpool Europe

Whirlpool Europe Harvard Business School Case Study 9-202-017 The introduction of an Enterprise Resource System (ERP) [pic] ANSWER TO QUESTION 1: The Enterprise Resource Planning System is a cross-functional information system that represents an important development for Whirlpool and an important area of activity for the information management function. Instead of focusing on the information processing requirements of business functions, ERP software focuses on supporting the business processes involved in the operations of a business.The introduction of enterprise-wide computer networking makes it possible to control all major business processes within a single software design. ERP systems are commonly composed of four major parts, covering accounting, manufacturing, sales and human resources. This forces organizations to operate along business processes. Three activities that need to be carried out in order to try to match supply and demand, with which ERP system helps: 1. Forecas t demand 2. Plan the level of capacity that the operation is likely to need to meet the forecast demand, both in the long and the short term. . Control the use of that capacity. This involves the allocation of people, equipment and other resources to the various work tasks to ensure the smooth running of the operation in the short term. There is a number of benefits that Whirlpool foreseen to gain, from the introduction of an ERP system, in various tangible and intangible areas. Observable tangible benefits come from lowering costs for data communication and telecommunication. In addition, there are intangible benefits associated with improved flow of information throughout the organization.However, increased user satisfaction and response times compensate the system complexity and potential data inconsistencies. Being an integrated solution, ERP, grants benefits from increased efficiency, and improved quality, productivity and profitability. ERP software penetrates functional depar tments and can be extended along the supply chain to suppliers and customers. The ERP system, being an industrial software, helps a business manage the important functions of its business, including product planning, parts purchasing, maintaining inventories, interacting with suppliers, providing customer service and tracking order.Hence, a smoother and more transparent flow of all of these activities will mainly enhance monitoring of the supply chain. The following table reflects a smooth presentation of Whirlpool’s foreseen benefits: |Benefits |Description of expectations upon implementation of the ERP system | |Working Capital Reduction |Make its supply chain more transparent and efficient. | | |As a result, eliminate 8 days sales of inventory (DSI) of allocated and reserved unites, 9 days of transit and 3 obsolete. | |Reduce 12 days of inventory in each wave. | |Revenue and Gross Margin |Increase product availability by: | |Increase |making the supply chain more visible a nd | | |integrating sales forecasting and inventory management. | | |Enable the company to realize an increase in unit sales equal to 25% of the improvement in product availability. | |The incremental sales would contribute to increasing the profitability of Whirlpool Europe. | | |A 0. 25% gross margin increase by the second year after implementation. | |Benefits |Description of expectations upon implementation of the ERP system | |Other Cost Savings |Simplify the processing and management of customer orders. | | |Reduce the 79 order desk employees by 18%, at an average cost of $40,000 per year per employee. | |Simplify the accounting function and result in a 15% reduction in the 60 finance employees. Expected cost saving was | | |$45,000 per year for each employee that was eliminated. | | |Reduce inventory, thus warehouse space could be reduced by 15%. | | |Reduce the number of returned units by eliminating shipping errors. | | |Reduce bad debt expense and information system expens es. |From Exhibits 3 and 4, we can also analyse the following: †¢ The â€Å"West† wave enjoys the lowest DSI; as a result, it enjoys the highest rates of units sold, revenue and accordingly margin. Unfortunately the product availability percentage is low at this stage –relatively speaking- (only 73. 5%). Whirlpool targets 92% of product availability with the introduction of the ERP system. †¢ The â€Å"Central† wave has the highest DSI, thus it is most likely to be the number one beneficiary from the DSI reduction resulting from the introduction of the ERP system. It is logical to notice that the â€Å"West† and â€Å"South† waves will notice benefit of 40% improvement by the second year of implementation; this is simply because they have already enjoyed the two lowest rates of DSI even prior to introduction of the ERP system. Similarly, the â€Å"Central† and â€Å"North† waves would notice the improvement of 40% immediatel y on implementation; again this is because they both had had the highest DSI prior to introduction of the ERP system. ANSWER TO QUESTION 2:Whirlpool has carefully considered the capital expenditures, depreciation time of capital equipment as well as implementation requirements and costs (employee training, creation, testing and documentation of new business process and installation of the ERP software). This logical calculation helps out the company to evaluate the results of introducing the ERP system and estimate its profit prior to making the decision, because such innovative decisions must be profitable; and if not, they should not be introduced.Whirlpool has done a long-term capacity planning, which is concerned with decisions that take a long time to implement, and with large amount of capital investment, such as installing the ERP system. Whirlpool has carried out operations scheduling by allocating people to processes in order to get the work done, with the following objecti ves: †¢ The product or service is delivered on time †¢ The operation performs smoothly, giving optimum efficiencies †¢ The cash flow involved in the operation is balanced. The following table shows Whirlpool’s Capital Expenditures: [pic]Figures above in US$000 Depreciation = 0. 2 million as of the third year, for 5 years The following table shows the Operational Costs: [pic] Figures above in US$000 Taking into consideration the forecasted other expense savings, the operational expenditures would be as shown in the Grand Total below: [pic] Figures above in US$000 From the figures above, we can conclude that Whirlpool would absorb resources and incur costs through balancing out the operational costs against the operational savings, as follows: IT Equipment & Software: Whirlpool will pay high costs for the equipment over the first four years of implementation. It will also buy software license for the first two years; this is for the servers and clients. On top of this comes the license maintenance which starts immediately on the second year of implementation and remains paid on an annual basis. This is extra cost that Whirlpool will have to cover and justify by long-term planning and reaching a point where all this extra cost is paid back. This is explained in the following points. Human Resources: Hiring consultants for the installation and boosting of the system. Number of consultants does not remain the same, but rather reduces over time. Consultants are expected to train staff, thus their cost will end once Whirlpool’s own trained staff continue doing the job. Conclusion: consultant’s cost stops by the fourth year of implementation. †¢ Using current employees, 50 of them, reduces the cost of hiring new ones. Building their capacity at an extra cost is more feasible than hiring and training fresh ones. Operations & Accounting: Ongoing operation and license maintenance costs would increase over time, but this is met by the reductions foreseen through: o Simplifying the processing and management of customer orders. o Reducing the 79 order desk employees by 18%, at an average cost of $40,000 per year per employee. o Simplifying the accounting function and result in a 15% reduction in the 60 finance employees. Expected cost saving was $45,000 per year for each employee that was eliminated. Reducing inventory, thus warehouse space could be reduced by 15%. o Reducing the number of returned units by eliminating shipping errors. o Reducing bad debt expense and information system expenses. From the above, it is obvious that the new operational costs are balanced with the operational savings; thus by the 2005 Whirlpool would cover the operational cost of implementing this system and start benefiting as of 2005 onwards. This is seen in the positive figure under the Grand Total (103). ANSWER TO QUESTION 3: The main highlights of the study are: 1.Capital expenditure: This includes all payment that will be mad e for the project which is in this case the price of the capital equipment and software licenses (see table below). [pic] Figures above in US$000 2. Revenue: which is the inflow of assets such as cash, amount owed to a business by debtors or reduction in abilities that arise as a result of trading operations. In this case revenue increase is expected because of implementing the application. Such increase in the revenue will be a result of integration, error reduction, inventory saving, etc. 3.Cost of goods sold: this is the cost of the goods bought then sold to customers, like transportation, storage, maintenance, etc. 4. Operating expenditures, as in the following table: [pic] Figures above in US$000 The table above shows two contrasting calculations during the implementation of the ERP system: A) A reduction of: – order desk employees (0. 18 X 79 X $40,000) – finance employees (0. 15 X 60 X $45,000) – Warehouse space by 15% – Eliminate shipping errors , reduce returns by (30 X 0. 03 X units sold) – Reduce bad debt expenses – Reduce information systemsB) An addition of: – license maintenance fees to start on 2000 by $0. 1 million each year and increased by 0. 1 each next year, – fifteen consultant in 1999, nine in 2000 and seven in 2001, four for following year (average monthly cost is $15,400 X 12 month X number of consultants), and – three person task on 2000 till 2004 on $600,000 a year. 5. Depreciation expense: This is the portion of the cost of fixed assets that has been used up in generating revenues recognized during a particular period. The depreciation rate is 20% over five years (capital expenditure X 0. ). We have to be careful to stop depreciating capital expenditure after 5 years from the year capital expenditure was added, i. e. capital expenditure of 2000 is depreciated by 2005. 6. Taxable earnings: Which is the Sum of Revenue – (Cost of goods sold + Operation Expenditure + D epreciation Expense). 7. Taxes: Each company has to pay their own tax on profit, the calculation of the tax would be based on the profit of the year (Taxable Earning X Profits Tax Rate). 8. Earnings after taxes: This is the profit minus taxes to be paid which means (Taxable Earning – Taxes). . Add back depreciation: This is the same amount of depreciation but in positive value. 10. Cash flow from operations: This is equal to earnings after taxes + the add back depreciation. 11. Reduction in need for Inventory: This is the result of DSI reduction by 12 days, and as a result warehouse space reduction of 15%. 12. Cash flow: This is the total of the transactions (Capital expenditure + cash flow from operation + Reduction in need for inventory). This is the Profit amount which starts in 2001. 13.Discount Factor: This is the rate applied to future cash flows to derive the present value of those cash flows (1/(1+r)n) where r is discount ratio and n number of years. This factor keeps reducing over time. 14. Discounted cash flow: This is the value of cash flow in the coming years which equal to (Cash flow X discount factor) = Present value for that year. 15. Sum of discounted cash flow: This is the NPV (Net Present Value) which is the total discounted cash flow from 1999 till 2007. NPV is a method of investment appraisal based on present value of all relevant cash flow associated with the project.To decide whether the project is acceptable (profitable) we check the NPV (sum of discounted cash flow). In our case it is a positive figure with 23. 883, which means that the project is acceptable and profitable. Recommendation: I recommend Whirlpool corporation to proceed with the implementation of the proposed ERP system, because the NPV is positive (>0), which means that the project will add income to the company starting from the third year (2001) onwards, and as a total cash flow after taking consideration the risk, inflation and interest rates included in the discounted factor.Please double click on the table below to see how all the calculations above are incorporated. [pic] ANSWER TO QUESTION 4: Please double click on the table below to see how all the changes are incorporated. [pic] From the changes we’ve incorporated in the sheet above, we can conclude that: The higher we increased the discount rate the more we reduced the NPV: †¢ When the discount rate was 9%, the NPV was 23. 883. †¢ When the discount rate was raised to 15%, the NPV went down to 5. 824. The IRR is the discount rate which will give us an NPV of exactly zero.If the discount rate were zero, the NPV would be the sum of the net cash flows. No account would be taken of the time value of money. However, if we assume increasing discount rates, there is a corresponding decrease in the NPV of the project. When the NPV line crosses the horizontal axis there will be a zero NPV and the point where it crosses is the IRR. From several trials on the amended sheet, the following table and charts are resulted: |Discount Rate |NPV | |9% |23,883 | |15% |5,824 | 23% |1,560 | |25% |712 | |27% |(29) | From the table and chart above, as well as from excel calculations we notice that NPV equals zero when the IRR equals 26. 82. On the other hand, since the IRR here is 26. 82%, which is > cost of capital (15%), we conclude that the project is accepted. Recommendation: I would recommend Whirlpool to consider the low discount rate if it seeks good return on its investment; otherwise the high discount rate would cause failure of the project. Answer to Question 5: Business graduate skills outcome |Example of how work on this TMA has contributed to my |Self-assessment of current level of skill – | | |skills development |high/medium/low; any actions to be taken | |Using examples and analysing case studies to enhance |Through referring back to the module as well as the |Medium, more analysis would result in higher | |understanding, support conclusion s and illustrate |accounting text book, I was able to understand a lot of|understanding. |issues concerning business functions in |accounting concepts, even prior to the lecture itself. | |organisational contexts | | | |Problem solving and decision making |When calculating the depreciation, a lot of trials took|High | | |place before finding the lost hook, which was the | | | |depreciation over 5 years is calculated from the first | | | |year expenditures are spent! | |Understanding the way in which numbers are used in |I had an idea on this before, but not with such |Medium, more accounting practices are | |the core business functions |details; this TMA has enhanced and broadened my |required | | |understanding. | | |Interpreting spreadsheets for managing numbers and |From this TMA I learned how the various calculations |Medium, it took me a while to come up with | |quantitative analysis |and formulas are made and how substantial accountants |the calculations in the spreadsheet and | | |are in the decision making process. |linking them together. | ———————– [pic]