Insurance company Bupa Research Paper Example | Topics and Well Written Essays - 3000 words

Insurance agency Bupa - Research Paper Example It would be trailed by conversations which would help in presuming that whether the recognition from the writing audit and the aftereffects of the investigation are in line or not. The examination would be closing with a knowledge into the end got from the whole investigation. Chapter by chapter guide Abstract 2 Table of Contents 3 Introduction 3 Objectives of the examination 4 Company Introduction and History 4 Bupa’s venture in Saudi Arabia 4 Problems looked by Bupa at first 5 How does Bupa oversee achievement? 5 Challenges looked by Bupa in Saudi Arabia 6 How they deal with their achievement in Saudi Arabia? 6 Literature Review 6 Financial Information 9 Framework of the Study 10 Analysis 10 Discussion 10 Recommendations 11 Conclusion 11 References 13 Appendices 14 Appendix 1: For the supervisors 14 Appendix 2: For the clients 30 Introduction Health or wellbeing consistently stays one of the most concerning issues on the grounds that interminable ailments have expanded in nu mber in today’s world and is proceeding to increment considerably further. By and by, there have been expanded medical issues identified with stoutness just as coronary illness. The other concerning illnesses incorporate diabetes, cardiovascular maladies, malignancy and so on. This builds the need of the proficient administrations of the medicinal services associations so as to give solutions for these concerning issues. It additionally raises the interest on the protection covering the people. Destinations of the investigation The targets of this examination are: To comprehend the over a significant time span circumstance of Bupa. To break down the difficulties looked by Bupa from worldwide point of view. To dissect the difficulties looked by Bupa in Saudi Arabia. Organization Introduction and History BUPA is a universal enterprise which gives social insurance administrations to in excess of 14 million clients in very nearly 190 nations. It is headquartered in London, United Kingdom. The organization is exclusive and goes about as an option in contrast to the United Kingdom National Health Services (for example NHS). The organization was really settled in the year 1947 when seventeen diverse British fortunate affiliations joined for giving human services administrations to the overall population. The genuine administrations offered by the organization included private clinical protection offices which bit by bit extended towards running BUPA emergency clinics. The social insurance association at first had enlistment of 38000 which expanded to 14 million clients everywhere throughout the world. It has gotten one of the main private medical coverage servers in United Kingdom. Step by step the association has executed broadening in its administrations from the medical coverage business to worldwide social insurance association giving medicinal services administrations to countless clients. Bupa’s venture in Saudi Arabia Bupa Arabia is an agreeable protection supplier in Saudi Arabia. It is a traded on an open market association having a settled up capital of SR 400 million. It gives medical coverage by staying in consistence with the necessities in Saudi Arabia Monetary Agency and Cooperative Health Insurance Council. It was begun as a joint endeavor with ‘Nazer Group’ in the year 1997. By and by it is the greatest medical coverage supplier in the whole locale having more prominent than 1.2 million clients. Under all the protection guidelines, the association has begun advancing its business from joint dare to the open recorded organization that is giving agreeable

A Memorable Experience: My Son’s Graduation Day

Critical Experience Having kids throughout my life cause me to feel increasingly dependable. I have two kids, youngsters, Elvis 17 years of age and David 14 years of age. My better half and I raise them with affection and dedication however It comes a second and we understand that they are growing up quick. My more youthful child completed eight evaluation In Forest Middle School. Commending my child s graduation was a vital encounter for me. A gorgeous Is Important for this occasion. For models, he was wearing jeans, and shirt, and tie. He seemed as though a man.He Is taller than me and that It implies unreasonably such for me since I m extremely short for him. What's more, certain I was In ideal dress for that occasion, as well. I purchased a lovely dress particularly for that day. I welcomed my mom to be with us in that exceptional day. The service was so passionate. For example, the key discourse was so passionate and empowering the understudy for their future, so toward the fini sh of it everyone were in cheer. Another enthusiastic second was the point at which one of the understudy sang the national song of devotion. She did it in impeccable manner and all the individuals loved it.And the third and significant ostensible second was the point at which I heard MO child ‘s name by the important f the school who gave him the recognition. I was in weepy from feelings. His name was between respect understudies. He is such a pleasant youngster. He never gives me tough time during his life. My mom and I felt both pleased with him. We took a few pictures to remember those minutes, with instructors, who felt so pleased for my child, and his companions and afterward we left. The gathering for graduated understudy is the cherry on cake. The gathering occurred in a little bar. He failed to address it. The gathering was an astonishment for him. Y more youthful sister was readied the gathering. The enhancements and lour inflatables brightened the spot. Every one of my sisters and siblings with their spouses and wife with their kids ,as well, were there to support her and to celebrate with my family. There likewise were companions, and family members, and neighbors, as well. The beverages, the music, and the food were stunning. Everyone had a great time that day. We moved and we sang Albanian music all late evening. To retain those minutes we did pictures and recordings. Commending my child ‘s graduation was the most brilliant and astounding second for my family particularly for more youthful one.A Memorable Experience: My Son's Graduation Day By trendily with affection and dedication yet it comes a second and we understand that they are growing up quick. My more youthful child completed eight evaluation in Forest Middle School. Commending my child ‘s graduation was an important encounter for me. An attractive is significant for this occasion. For models, he was wearing jeans, and shirt, and tie. He resembled a man.

Cadbury and Kraft Merger

Impact of Color Vision on Foraging and predatoe location aptitudes in New World Monkey - Research Paper Example 657) and has been ascribed to be affected by chromatic signs which are normally delivered by the leaves (Dominy and Lucas 363) and natural products (Regan et al. 229). Research has additionally uncovered that trichromatics have the capacity of distinguishing natural products from a foundation that is verdant and that however organic products can secure themselves particularly during their maturing procedure, the trichromatics are likewise ready to differentiate the ready from unripe organic products. Lion's share of research has been directed to explore the scavenging capacity of trichromatics yet less research has been finished outlining the impact of shading vision on predator abilities. This confirmations a proviso in inquire about that this examination proposition tries to reply by researching the impact of shading vision in accordance with searching as well as on predator discovery abilities and particularly among New World Monkey. Proposed look into speculation There is a posit ive connection between's shading dreams among trichromatic species and their inclination for predator identification and scrounging. Techniques utilized for gathering hereditary and different kinds of information Genetic information will be gathered utilizing intensification and sequencing of the opsin X connected quality which is liable for the trichomatic genotype consequently the vision phenotype. This will incorporate removing DNA from the monkeys by utilizing their hair strands, salivation or blood tests for assessment. Arrangement investigation and PCR will likewise be utilized in order to recognize the four amino acids that are available in the heterozygous females that present with the trichromatic vision allele as proof in different examinations (Surridge and Mundy 2157). Social strategy for gathering information will be utilized where the conduct of monkeys will be watched in order to recognize trichromatics from dichromatic conduct in taking care of. This will be planned for surveying if there is a positive connection between the conduct of trichromatics in benefiting from ready products of the soil their predation, contrasted with dichromatic monkeys. In addition conduct of dichromatic and monochromatic monkeys that make them incapable to recognize the ready from unripe organic products will likewise be evaluated (Smith, et al. 3162). Morphological strategy for information assortment will be utilized at assessing the morphology of ready natural products that makes them increasingly inclined to rummaging by trichromatic contrasted with dichromatic. Thus, the morphology of leaves will likewise be utilized to evaluate the pretended in disguising the unripe foods grown from the ground impact on shading vision it has on trichromatics contrasted with dichromatic monkeys (Smith, et al. 3162). Strategies for dissecting the information Data will be broke down by utilization of programming by the name SPSS: Statistical Package for Social Sciences where crude information will be gathered, cleaned and coded. In the wake of coding into dichromatic and trichomatic as the autonomous factors and rummaging and predator identification as the needy factors, information will be gone into the PC and broke down. Results will be introduced as tables, graphs and figures for simpler translation and conversation. Support Color vision separation is significant for the endurance of any creature particularly in nature. Not exclusively do the creatures profit by the examination, results produced relating to searching will help improving the development of natural products to development. This is since it will guarantee that the unripe natural products

Shaolin Soccer - Free Essay Example

Anna Corbitt Film Appreciation Film Final November 23, 2018 A Review of Shaolin Soccer Since the beginning of the film industry, it seems that Hollywood films have dominated the movie world. Whether its due to lack of advertisement or reluctance, many Americans (myself included) have watched very few foreign films in their lifetimes. However, there is a plethora of films made outside of the United States that deserve recognition. Foreign films can give audiences an insight into the culture of the country the film originates from. Even films that are not quite as serious contain a certain charm and uniqueness that isnt found in Hollywood. Shaolin Soccer is one of those films. The plot of Shaolin Soccer takes the audience on a journey of actioned packed laughter. The story begins by introducing Golden Foot, a permanently crippled former soccer star, who dreams of redemption by coaching his own soccer team and taking down his nemesis Team Evil. Golden Foot meets the films financially struggling protagonist; Sing. Sing is trying to reunite his brothers and revitalize the art of Shaolin Kung Fu. The pair eventually decide to team up to accomplish their goals and ultimately create the heart of this chaotic comedy. Sing and his reluctant brothers form a soccer team with Golden Foot as the coach. Their plan is to use their special martial art abilities to win the million-dollar soccer championship and promote Kung Fu globally. After several intense sports montages and some adversity due to Team Evils drug enhanced athletes and injuries, the band of Kung Fu misfits finally conquer evil. Shaolin Soccer takes the classic underdog sports story and twists it into something comedic and jam packed with action. The only thing relating this film to actual soccer is that there is ball and a goal. However, the crazy high flying Kung Fu style version of the game is what makes this movie so silly, unique, and endearing. The heart of this film makes it impossible not to smile throughout even with the predictable plot developments and occasional dumb joke. Cinematography plays a significant role in this film. Specifically, different camera angles and movements are used to break from and intensify the action sequences. During one of the action scenes near the end of the film, one of the Shaolin soccer players gets injured. The camera quickly zooms into the concerned faces of his teammates making the scene much more intense. The film uses lighting the same way. Most of the scenes in the film are shot with very bright lighting. However, the movie occasionally uses dim lighting during flashbacks or particularly intense moments. The movie starts off with a flashback showing how Golden Foot became crippled. It is shot in black and white with darker lighting because it is meant to represent the darkest moment of Golden Foots life. This scene set in the past contrasts greatly from the movie taking place in the present. These are just some of the examples of how cinematography is present. The film uses cinematography to frequently shift from a lighthearted comedic triumph to an overdramatized yet equally hilarious trial. Another factor that plays a key role in the success of this film is the acting. The dialogue of this film almost entirely consists of humor. However, the actors never make the storyline line seem like a joke. The comedy filled lines are delivered seriously and with emotion. The actors perform well enough that the audience can easily get behind the outlandish characters and their goals. The ridiculous dialogue never gets boring or annoying because of its delivery. The chemistry between the characters is natural and does not seemed forced. The actors do a fantastic job of portraying the memorable afflictions and demeanors of their characters. The Kung Fu brothers strengths and weaknesses make the story more interesting, and the actors stay true to what makes each brother distinctive. It is easy to believe that Golden Foot and the Kung Fu brothers care about their goals and that they care about each other. The small amount of romance never seems forced or frustrating. The actors interactions with each other make it believable. Overall the actors in this film do an amazing job of making the Kung Fu fantasy seem realistic and relatable. Auteur theory is the theory in filmmaking that the director is the major creative force behind a movie. The directing of this film is the perfect example of auteur theory. Stephen Chow is the films director, but he also co-wrote the script and starred in the lead role. Chow, as director, oversees the audio and visual elements of the film, but as co-screenwriter he also wrote the story. Starring as the protagonist, Sing, he can easily make sure the emotions he wrote in the script are portrayed accurately. He is certainly the undisputed creative force behind Shaolin Soccer. His directing style perfectly showcases the crazy Kung Fu scenes and the comical, yet heart felt, moments that make this film so wonderful. With a delightful cast and near perfect set placement, it is difficult to criticize Chows direction of this film. Stephen Chow is a very talented actor, writer, and director. Without his creative influences the success of this film would not have been possible. Chow is a cinematic genius and his direction of Shaolin Soccer showcases this. He plays a huge role in the production of this motion picture and is definitely a major creative force. The final elements that I find to be a critical part of this film are the editing styles and visual effects. Even though this is a high-flying comedy, the pacing of the film never feels rushed. The film is fast paced throughout, but manages to slow down at the correct time for dialogue. The cuts between scenes always seem to happen at appropriate intervals and allow for a smooth change in settings. The screen fades in during the action sequences making the scenes seem more intense. The camera zoom allows the audience to get a close view of the actors facial expressions and emotions. The scenes then fade out after the soccer games which creates a smooth transition between the Kung Fu and the character dialogues. Though the visual effects in the film can seem cheap and cartoonish, they only add to the films wild comedic value. The soccer kicks with enough velocity to create a tornado, crazy flaming backgrounds, and high flying athletes are what helps distinguish this film from other underdog sports stories. The post production of this film is crucial. Without the computer generated imagery and editing, Shaolin Soccer is dull and pointless. Overall I found Shaolin Soccer to be a wonderfully goofy comedy. Although the audience is unable to relate to being a martial artist with super power like abilities, one can relate to the story of being an underdog with the hope of overcoming adversity and achieving the seemingly impossible. I would recommend this movie to anyone looking for a ridiculously good laugh. Shaolin Soccer is a noteworthy movie that takes the audience on an amazing roller coaster ride. The film contains an attention-grabbing plot, dynamic cinematography, outstanding acting, remarkable directing, and brilliant post production. The movie promises to make the audience laugh, and it delivers exceptionally.

Assessment of English Language Learners - 1489 Words

Assessment of English Language Learners Alisha C. Green Grand Canyon University: ESL 533N Advanced Methodologies of Structured English Instruction December 12, 2012 Abstract Assessments are a critical tool in monitoring the progress of English language learners at all grade levels. The main purpose of assessments is to ensure students are receiving quality teaching instruction in accordance to academic and content standards. Even though these tests are not the only resource used for testing students, they provide teachers with invaluable data to determine if the student is growing in certain academic areas. There are several types of assessment that can be used to measure a student’s progress. In this paper, various alternatives to†¦show more content†¦2. Students are allowed to receive information through auditory, visual and tactile and other sensory activities in an effort to increase understanding of assessment material. 3. Students are able to work in an environment that has fewer distractions in an effort to stay on task. 4. Students are able to have directions repeated to them and have directions said in their native language (w ww.doe.state.la.us). There are not many advantages for English language learners whereas standardized testing is concerned. Teachers will have to create individualized ways in monitoring students’ progress to gain true assessment results. Part Two In an effort to gain useable and positive feedback from English language learners, teachers must use ongoing assessments. Whereas standardized tests only give information on students during a certain part of the year, ongoing assessments will allow teachers to monitor students’ progress throughout the year. Informal assessments are very beneficial in monitoring the progress of students. One type of informal assessment is the use of role playing. During role playing, students are given opportunities to speak in English dealing with different situations. This assessment will let the teacher observe how well the student is comprehends the scenarios and how they respond to them. This type of assessment is effective because it allows students to put the English language into use increasing their EnglishShow MoreRelatedLanguage Assessments For English Language Learners Essay741 Words   |  3 Pages Spinelli Chapter 5 Oral and English Language Learner/Bilingual This chapter identifies language assessments for English Language Learners and Bilingual students. Over the next several years, the United States educational system will see a dramatic increase in culturally and linguistically diverse students from various racial and ethnic minority groups. This chapter is a must read if you have limited knowledge about teaching culturally or linguistically diverse (CLD) students. This past yearRead MoreEnglish Language Learners For My Assessment1614 Words   |  7 PagesThe intended English language learners for my assessment would be primary aged students who are at the beginning level, according to WIDA. Primary aged students are students in kindergarten through grade 2, and WIDA describes students as â€Å"beginning† if they (a) understand and speak conversational and academic English with hesitancy and difficulty, (b) understand parts of lessons and simple directions, and (c) are at a pre-emergent or emergent level of reading and writing in English, significantlyRead MoreThe English Language Learner (ELL) Assessment Process Essay example1887 Words   |  8 PagesELL Assessment Process The English Language Learner (ELL) assessment process is different in each state. Each state must assess student’s performance in reading or language arts in order to comply with the No Child Left Behind Act (NCLB). In addition NCLB requires that schools receiving Title III funds annually assess the English Proficiency of all Limited English Proficiency (LEP) students participating in Title III programs. Although the assessments may vary, the goals of the assessments are allRead MoreEffective Instruction For English Learners1414 Words   |  6 PagesEffective Instruction for English Learners Calderon, Slavin and Sanchez (2011) in their article â€Å"Effective Instruction for English Learners† consider the problem of students who are non English speakers and come to live in the USA for several reasons such as immigrants. The U.S government requires every school that has more than 5 percent non-English speakers to provide these with specialized programs. The authors go to explain useful instructions for teaching students English Language. They also reviewRead MoreThe Instruction Of English Language Learners Essay1491 Words   |  6 Pagesinstruction of English Language Learners and the difficulties they face with highly important progress tests. The five peer-reviewed articles, in this paper, investigate how changes in language acquisition are measured and how new regulations, in the United States academic standards, affect test practices and test development. The new educational ideals have been developed and put in place to help teachers accomplish the task of c ontent evaluation during final exams. English learners are the firstRead MoreLanguage Assessment And Language Proficiency816 Words   |  4 PagesLanguage Assessment and Language Proficiency Standard There are three main goals in teaching English as a second language. These goals are: To use English to communicate in social settings, to use English to achieve academically in all content areas and to use English in socially and culturally appropriate ways (Short, 2000). With these goals in mind, language proficiency standards (LPS) have been developed to help insructors achieve the highest level of ESL instruction. The EducateRead MoreThe Five Peer-Reviewed Articles, In This Paper, Investigate1496 Words   |  6 Pagesin this paper, investigate how changes in language acquisition are measured and how new regulations, in the United States academic standards, affect test practices and test development. New educational ideals have been developed and put in place to help teachers accomplish the task of content evaluation during final exams. English learners are the first to acknowledge that they face a lot of challenges and many of them are due to the inability of language teachers to comprehend their cultural andRead MoreEssay about Placing English Language Learners in Special Education1182 Words   |  5 PagesWhen do English language learners need to be placed in special education? In the United States, there has been an increase in in the number of children from Spanish speaking backgrounds. The English Language Learners, commonly known as ELL’s, are being placed in Special Education without being properly tested for a learning disability. However there are a large number of ELL’s with learning disabilities in elementary grades that truly have a learning disability and are over looked. Many schoolRead MoreELL Service Model As Measured By The NWEA MAP Growth Assessment885 Words   |  4 Pagessimultaneous bi-literacy dual language immersion program compare to third grade English Language Learner students in a traditional ELL service model as measured by the NWEA MAP Growth Assessment? 2. How will the math achievement levels of third grade students who participate in a one-way simultaneous bi-literacy dual language immersion program compare to third grade English Language Learner students in a traditional ELL service model as measured by the NWEA MAP Growth Assessment? 3. How will the academicRead MoreCapstone Essay1044 Words   |  5 PagesExplain how understanding specific English language learners needs guided the choice of instructional strategies to support the content and language learning. It is essential to understand English language learners’ needs because ELL students face the combined challenge of learning all the academic content as other students, while also learning the language of instruction. With the rapid growth in the size of the ELL student population in the U.S., teachers who are effective recognizes ELL students

Leadership and Management - 1234 Words

Leadership and Management In today s work field successful leaders and managers are a hot commodity. Mangers and leaders that are able to bring success to their organization are often given an enormous amount of respect from their workers and their peers. In this Paper I will discuss the principles of management and leaders and how they compare and contrast one another in a working environment. Effective leaders are not necessarily born but rather sculptured from the images that are experienced through various leaders that the individual may have worked with. They are sculptured through the trials and tribulations of managing or working with people in a variety of settings. Most good leaders have had bad experiences†¦show more content†¦The integrity of James Burke, CEO of Johnson Johnson, led the company out of a potential disaster when Tylenol s tampering took place. Instead of following the recommendations of both the FBI and the Food and Drug Association, they recall ed the entire supply on the market, even replacing customers capsule bottles with tablets. On the other hand, had he been faced with the knowledge that fossil fuel use is polluting air, ground, and waters of the world, would he have recalled the oil? Realistically, CEOs management styles are often tailored to their particular industry. Defense contractors have traditionally been lead by job threat rather than job rewards. Managing by threat of loss creates a company atmosphere of mistrust, which is diametrically opposed to current management philosophy. Many companies in this industry have initiated a variety of sensitivity programs to bolster productivity. This kind of leadership would certainly not work in an environmentally impacted or socially-driven organization. The resistance to a change of management philosophy of a cultural creative in defense industry would be equally ineffective, initially The Project Manager Code of Ethics described in the text begins with: Project Management Professionals, in the pursuit of their profession, affect the quality of life for all people in our society. Therefore, it is vital that ProjectShow MoreRelatedLeadership And Management And Leadership1569 Words   |  7 PagesLeadership is about seeking constructive change and management is about establishing order (Northouse, 2015). Warren Bennis (1997) wrote in  Learning to Lead: A Workbook on Becoming a Leader  that â€Å"There is a profound difference between management and leadership, and both are important. To manage means to bring about, to accomplish, to have charge of or responsibility for, to conduct. Leading is influencing, guiding in a direction, course, action, opinion. The distinction is crucial.† (Leiding,Read MoreManagement And Leadership : Leadership1023 Words   |  5 PagesManagement and Leadership In Leadership, Leadership, Leadership Are We All Chanting the Wrong Mantra, the authors says, â€Å"Leadership is simply management of higher level things† (McCormack, 2009, p.1) and that the leader manages the vision, people’s perception and their own behavior (p.1). McCormack continues his analysis by saying, â€Å"There are times when leadership simply cannot take place† (p.2). McCormack appears to believe that organizations and universities should not teach, encourage or tolerateRead MoreLeadership And Management : Leadership835 Words   |  4 PagesLeadership Verses Management The world is made up of leaders and managers. There are leaders and managers in every aspect of life. In many instances leadership and management are referred to as being the same. This paper will evaluate the differences between leadership and management. In today s organizations, leaders and managers are needed in order to operate successfully. Even though managers and leaders are different, they both have many similarities that will be discussed in this paperRead MoreLeadership And Management And Leadership1146 Words   |  5 Pages Leadership and Management Contrary to popular belief, the terms leadership and management are often thought of as hand in hand, but in retrospect they both have very strong different meanings and are not the same. There are some similar characteristics that can very much persuade some that they align in the same manner. They can be notably known as terms that are used interchangeably in the business world. â€Å"Management is a function that must be exercised in any business, whereas leadershipRead MoreLeadership Vs. Management : Leadership And Management1550 Words   |  7 Pagesauthor of On Becoming a Leader: The Leadership Classic, is best known for, that addresses why there is a difference between Leadership versus Management (Murray, What is the Difference Between Management and Leadership?, 2009). Just like most people, I use â€Å"leadership† and â€Å"management† interchangeably because one feels that they are probably the same thing or embody the same characteristics. Further di scussion will provide details on what leadership is, what management entails, and why they are differentRead MoreLeadership, Management And Management1081 Words   |  5 PagesLeadership and Management Businesses require some sort of hierarchy of power to be successful. They cannot operate on the basis that everyone has the same job level if they plan to make a profit. However, the individuals that are placed in the higher power positions fall into two categories, leaders and managers. Many would say these are the same thing, when in reality they are not. They are two different styles that are used when operating a business and using the right one at the right time isRead MoreLeadership, Management, And Management876 Words   |  4 PagesLeadership and Management Name Institutional Affiliation Leadership and Management The achievements of organizations depend on their management and the manner in which their leaders conduct several operations within the organization. It is worth mentioning that successful organizations attribute their positive impacts in the market and general employee-employer relation to the influence spearheaded by the management team (Hiriyappa, 2013). This paper narrows down to evaluateRead MoreLeadership And Management And Leadership1173 Words   |  5 PagesLeadership is a term that is often misunderstood and misinterpreted in the business world. In the world of CEOs, CFOs, vice-presidents and managers, it is important to distinguish the difference between what is considered management and what is considered leadership. While these two terms are not mutually exclusive, but it is imperative that they are not comprehended as mutually inclusive either. In this context, I will be comparing leadership and management as presented in the college textbookRead MoreLeadership And Management : Leadership1126 Words   |  5 PagesAs we know that, leadership is nothing. But the influencing flowers. Leadership includes three fundamental clusters of skills creating vision, garnering commitment to that vision, an managing progress toward the realization of that vision. powerful and effective leaders plays very vital role to reach the maximum production for any organization. This is why, Organizational renowned scholars have been studying of this very significant topic of leadership for literally hundreds of years. Because.Read MoreManagement Vs. Leadership : Management And Leadership1061 Words   |  5 PagesManagement vs. Leadership Introduction Presently many of us have learned that managers are primarily administrators who have learned to write business plans, utilize their resources and keep track of progress. We must learn that we are not limited by job title, and that means we can utilize our management skills in any position that we are in. We must also know that we can use our leadership skills in the same situations. On the other hand we have also learned that leaders are people who have

Real Estate Property Rights and Contracts Law

Question: Discuss about the Real Estate Property Rights and Contracts Law. Answer: Firstly, it is important to distinguish and define Trimms lease with respect to whether it is a licence, licence with interest or a lease. The owner of a licence does not have the right of exclusive possession and this is the main distinguishing feature between a lease and licence (Sharlene 2017d, p.28). Accordingly, proprietary rights do not arise with respect to licences while they arise in the case of leases. As such, while a lease holder has protective interests under the Property Law Act, a licence holder does not (Sharlene 2017e, p.29). Leases exceeding 3 years must be registered according to the provisions of ss. 61, 181 and 182 of the Land Titles Act 1994 and such registration creates a legal estate. S.11 of the Property Law Act provides that such leases must be registered. With respect to the two-year option, Trimms lease agreement can include the said option in writing within an options clause. Where a purchaser of land accepts title with the knowledge of certain defect thereon, it is presumed in some cases that such purchaser waives his right to good title. Accordingly, where the encumbrance on vacant possession goes to the title, then the purchasers acceptance of title may be considered as a waiver of right of vacant possession (Re Gloag Millers Contract 1883). Trimms lease is an example of such an encumbrance with contractual protection. Although the case of Isaacs v Maguire (1888) held that mere acceptance of title does not constitute a waiver of the right to vacant possession, acceptance of the lease foe Sky is an express term of contract. Since Sky already accepted the contractual condition of Trimms lease, the company is bound by the same. There are limited options available to Sky. The first option is the effluxion of time (Sharlene 2017d, p.3). The second option for Sky is through surrender by agreement. This is where Trimm agrees to give up his interest in the land through registration under s.69 of the Land Title Act. The other means of terminating Trimms lease is by repudiation of the lease by Trimm and accepted by Sky. The option available to Sky is negotiating with Trimm for him to terminate the lease under s.130, 131 and 137 of the Property Law Act (PLA) by issuance of notice in prescribed form. The other option available to Sky is carefully reviewing the lease to determine whether there are any breaches that warrant termination. The next step would be serving Form 7 under the PLA for Trimm to remedy the breach (Property Law Act 1974, s.124). Failure to remedy the breach within a reasonable time entitles Sky to service of an unequivocal demand for possession on Trimm (Sharlene 2017d, p.14). Available Options for Avoiding Purchase of Jacksons Lot The REIQ Contract for Houses and Residential Land, clause 7.4 (3) (a), extends disclosure duties upon the vendor with respect to contaminated land under the Environmental Protection Act 1994 (EPA). S.421 (2) of the EPA requires the vendor to notify a purchaser of the land being on the contaminated land register. Non-compliance with the above pre-contract disclosure obligations by the vendor entitles the vendor to rescission. Section 421 (3) of the EPA provides for rescission up to possession or completion, whichever comes first. In the case of Turrisi Properties P/L v LJ BJ Investments P/L (2010), it was held that a vendor may not waive the disclosure requirements. Furthermore, a seller cannot contract themselves out of the requirements for disclosure by virtue of s.421 (5) of the EPA. The REIQ Contract for Houses and Residential Land vendor disclosure provisions are further aimed at land that has not yet come to the EPAs administering authoritys attention (EPA 1994, s.374). Under cl. 7.4(3)(a)(i) of the Houses and Land Contract all outstanding obligations must be communicated by the vendor at the date of the contract to notify the authority of any activity on the land. Breach of contractual warranties by Jackson entitles Sky to termination of the contract in writing. Therefore, Sky has the legal right to terminate or avoid the contract with Jacksons Lot. Delaying Settlement of Marshners Lot The legal purpose of a deposit is essentially guaranteeing or securing the completion of the purchase (Queensland conveyancing law commentary 2009). It also acts as part payment of the purchase price, provided the contract is completed. In the case of Soper v Arnold (1889, p.435), Lord Justice McNaughton stated that the deposit guarantees that the purchaser means business. The deposit enables the vendor to take, from the market, the property and be concerned with other offers as was held in the case of Brien v Dwyer (1979, p.131). Accordingly, Sky is obligated by law to pay the deposit. However, the special condition of $100,000 presents a difference in the law. In the case of Iannello Anor v Sharpe (2007), the purchaser was required to pay a 5% deposit upon exchange. A special condition required payment of a further 5%. The purchaser defaulted in paying the further amount upon the exchange and the vendor terminated the contract. The Court of Appeal of New South Wales held that the court must look at the character of the payment and the obligation of making it. A normal deposit demonstrates the buyers commitment. In that case, the Court rejected the second payment as being illustrative of commitment. The buyer was, therefore, under no obligation to pay. Using the preceding argument, Sky is not obligated to pay the further $100,000 required by Marshner. It is of importance to mention the REIQ contract of sale with respect to deposit. Under that contract, the deposit is payable upon signing of the contract according to clause 3 (1) of the REIQ Contract Commercial Land and Buildings. Failure by the Buyer to pay the deposit entitles the Seller either terminating or affirming the contract. Clause 3.3 provides that the rights to termination or affirmation are in addition to other legal or equitable rights. The deposit should not exceed ten percent of the purchase price and if it does, that becomes an instalment contract. To the extent that Barrys advertisements were unequivocal statements by which Barry intended to be binding if any party to whom it is made accepts, he made a valid offer. A valid offer indicates the offerors intention of entering into a contract that is binding with the offeree on particular terms (Sharlene 2017a, p.22). The case of Carlill v Carbolic Smoke Ball Company (1892) found that an offer can be made to the whole world. The general rule is that advertisements are usually construed to be invitations to treat (Partridge v Crittenden 1968). However, there are exceptions to the rule where advertisements are considered as offers, as in the Carlill case, where money set aside in aside in a prominent bank demonstrated sincerity. The requirement of signing, form filling and returning by post demonstrates sincerity. It also indicates a specified counter promise and specific act. Therefore, Barry made a valid offer. Whether Paul, Helen and Woodys Responses Constituted a Valid Acceptance Acceptance occurs when the offeree communicates to the offeror his acceptance of the terms of the offer (Sharlene 2017a, p.22). Of importance, also, for there to be an acceptance, the timing and method of acceptance must conform to the offerees requirements. Although Paul communicated his acceptance, it was not according to the requirements. Furthermore, he made a counter-offer instead of accepting the one offered by Barry. As such, Pauls response does not constitute a valid acceptance. Helens response constitutes a valid acceptance for the following reasons. Firstly, she communicated her acceptance and secondly, she did it according to Barrys requirement via Post. In cases where offers are acceptable via post, the Postal Acceptance rule applies. According to the rule acceptance happens on the date of posting the letter as opposed to its arrival date. Hence, Helens response constitutes a valid acceptance. Woodys response does not constitute a valid acceptance for the reason that he expressly rejects Barrys offer and makes a counter offer instead. This is notwithstanding the timely and correct method of responding to the offer by Barry. Whether Helen Validly Terminated the Contract under Special Condition One of the legal ways of terminating a contract is by a trigger clause. This is a specific contractual provision regarding the right of termination by a party to the contract (Sharlene 2017c, p.9). Under the special condition, the right would only be exercisable if communicated within 14 days. Helen communicated past the time stipulated under the special condition. Hence, Helens termination does not constitute a valid termination. The major justifications for legal termination of a contract are in cases where there is a breach of terms, mistake, fraud misrepresentation, performance, agreement, frustration, trigger clause or contractual term (Sharlene 2017c, p.6). With respect to the preceding justifications, there is no legal justification upon which Helens termination was based. The Buyers solicitors failure to provide timely advice was not part of the agreement and as such cannot be invoked as a defence. The Type of Consideration and whether it is Valid The type of consideration featuring here is past consideration. As a general rule, past consideration does not constitute valid consideration (Sharlene 2017b, p.16). This was the position in the cases of Roscorla v Thomas (1842) and Anderson v Glass (1868). The kind of relationship intended from the facts in the scenario is a contractual one. For Jane to succeed in her claim, she must demonstrate that all the elements of a valid contract were present: intention, capacity, offer, acceptance and consideration. From the fact pattern, all the preceding elements were present. There was an intention to create an agreement which was followed by an offer, accepted by Jane and then the promise of consideration. Hence, Jane would succeed in her claim for breach of contract. References Anderson v Glass (1868) 5 WW AB L 152 G Brien v Dwyer (1979) 53 ALJR 123 Carlill v Carbolic Smoke Ball Company (1892) 1 QB 256 Iannello Anor v Sharpe (2007) 69 NSWLR 452 Isaacs v Maguire (1888) 14 VLR 815 Partridge v Crittenden[1968] 1 WLR 1204 Re Gloag Millers Contract (1883) 23 ChD 320 Roscorla v Thomas (1842) 3 QB 234 Soper v Arnold (1889) 14 AC 429 Turrisi Properties P/L v LJ BJ Investments P/L [2010] QSC 325 Queensland conveyancing law commentary 2009, the document, CCH Australia Limited, Contract for Sale, North Ryde. Scharlene, N 2017a, Introduction to Contract Law (Part 1), Lecture notes distributed in Real Estate Property Rights class SSUD-106 Scharlene, N 2017d, Leases, Lecture notes distributed in Real Estate Property Rights class SSUD-106