Alternative hypothesis or testable hypothesis Essay

Alternative hypothesis or testable hypothesis - Essay Example Testing of hypothesis involves the precautious formation of two assertions. These assertions are the alternative hypothesis and null hypothesis. The null hypothesis states that there are no observed effects for the experiment conducted. In a mathematical interpretation of this hypothesis, the researcher uses an equal sign to indicate no relationship. This hypothesis is signified by H0. It is the hypothesis that the researcher aims at changing by testing the alternative hypothesis1. On the other hand, the alternative hypothesis reflects that there can be an observed effect in a research experiment. It is also the experimental hypothesis. In this mathematical computation, there is the use of inequality symbol that indicates there is a relationship between the research variables2. Either, H1 or Ha signifies the hypothesis. Therefore, the alternative hypothesis is the hypothesis used in testing hypothesis that is contrary to the null hypothesis. It is usually perceived to be the observed effect after the research process.3 Alternative hypothesis H1 There is a significant relationship between people’s attitudes and the American democracy. H2 There is a significant relationship between democracy and the doctrine of the sovereignty of the people in American democracy. H3 There is a significant relationship between democracy and Despotism 3. H4 There is a significant relationship between democracy and individualism in America.... H2 There is a significant relationship between democracy and the doctrine of the sovereignty of people in American. H0 There is no significant relationship between democracy and Despotism5. H3 There is a significant relationship between democracy and Despotism Ho There is no significant relationship between democracy and individualism in America. H4 There is a significant relationship between democracy and individualism in America. It is important for the researcher to understand that the alternative hypothesis and null hypothesis in reference to the population values, and not perceived statistics. Data can be obtained through descriptive surveys by the use of questionnaires and interviews that will present people’s opinions and attitudes towards democracy.5The test will be conducted using the Z scores where, the researchers will use the z statistics or score to observed the mean obtained from the sample and the mean obtained from the entire population signified by the symbol ?06. The next step after the z statistics is determining the p value, and this is calculated through converting the test value to a conditional probability known as a P-value. This value answers the question whether the null hypotheses statement are true and the probability of observing obtained current dada or the observed data was more extreme7. A small P-value indicates that the null hypothesis was not true and a big P-value indicates that the null hypothesis is correct and that it should not be rejected. The use of significance level in this case indicates that the observed difference is not because of chance. The P-value of an alternative hypothesis is the possibility of obtaining a value of the analysis measurement as extreme than that experimental by chance, in case

Kenya contributions of foreign aid to economic development

Kenya contributions of foreign aid to economic development Foreign aid is the transfer of capital, goods and services from one country to another. This aid may be given or transferred in form of capital transfers or technical assistance and training for either military or civilian purposes. Foreign aid is often given with conditions attached such as requirement that all or part of it maybe capital be used goods from the donor country or company given as a grant with no repayment obligation or a loan with a condition that the recipient country or nation purchase goods or services with the aid from the donor nation or company. These aids can be classified in to two: Bilateral aid Multilateral aid Bilateral aid is aid transferred from one single state or one country to another. Multilateral aid is aid transferred from alliances of multiple states e.g. international monetary fund. Development on the other side is a social phenomenon and it describes sources that are associated with human beings. It is the extension of the theoretical or practical aspects of a concept, design, discovery, or invention. A process of economic and social transformation which is based on complex cultural and environmental factors and their interactions. It can also be defined as a process of adding improvements to a parcel of land, such as grading, subdivisions, drainage, access, roads, utilities. All these can be used to describe development as the transition from a state of poor livelihood to an improved better state. A multinational corporation is a corporation that has its production facilities or other fixed assets in at least one foreign country and makes its major decision of management in a global context. In production, marketing, research and development and labour relations the multinational corporation makes its decision in terms of the host countrys customs and traditions. In finance many of its problems such as the need to shelter working capital from the risk of devaluation , or the choices between owning or licensing have no domestic counterpart. In addition to foreign exchange risks and the special business risk of operating in unfamiliar environments, there is an issue of political risk that sovereign governments may interfere with operations or even terminate the operations. Corporations invest in other countries for a number of reasons that include opening new markets or holding into the existing ones, to get new sources of raw materials and agricultural production, to take advan tage of cheap resources like labour and others. Some critics argue that these transnational corporations work solely in their own best of interest and exhibit no loyalty to the countries in which they are incorporated. CONTRIBUTIONS: Foreign aid had a lot of contribution to the economy of Kenya some that are positive and others negative. The use of foreign aid in the modern era began in the 18th century this was when Prussia subsided some of its allies. It then developed in to more sophisticated instrument of foreign policy after World War II. International organizations such as United Nation Relief and Rehabilitation Administrations were created to provide aid to countries affected by war and newly freed colonies. About 15% of foreign aid is provided by international bodies while the rest by various non-governmental organizations, Inter national Development association, multinational corporations and the International Finance Corporation: regional development Banks, the UN Development program, the European Development Fund and special agencies of the United Nations such as Food and Agriculture Organization. U.S. Corporations have various motives for establishing a corporate presence in other countries. The main possible motive is the desire of growth. In this case a corporation may have reached plateaus in meeting domestic demands and anticipate little additional growth and so a new foreign market might provide opportunities for new growth. Also through direct foreign investment a corporation may bypass high tariffs that prevent its goods from being competitively priced this is all done because of some corporations desire to escape protectionists policies of an importing country. Other motives include preventing competition and reducing cost. Preventing actual or potential competition from foreign nations is by acquiring their businesses and on the other side reducing cost can be attained through the use of cheap foreign resources like labour in developing countries. Some corporations can lower their costs by shifting some or all of its production facilities to other countries. This can also be done as they have the ability to use foreign subsidiaries to minimize their tax liability. The rise of multinationals which is a relatively recent occurrence has resulted to a great deal of legal ambiguity as they can operate in many area codes. Multinational corporations (MNCs) engage in useful and morally defensible activities in Third World countries Kenya being one of the countries and they have been receiving credits for the activities. Some of the significant activities that these MNCs did was extending of opportunities for earning higher incomes and also opportunity of consuming improved quality of goods and services by people living in areas below the poverty line. Although the MNCs came to Kenya with good intentions, they have misrepresented by fearful and ugly images of Marxists and the Dependency Theory advocates. Because many of these MNCs firms originate from industrialized countries including the U.S., the U.K., Canada Germany France and Italy, they have been viewed as instruments for the imposition of western cultural values on third world countries rather than allies in their economic development. Thus some proponents of these views urge for the expulsion of this firms while others less hostile have argued for their close monitoring or regulation by Third World governments. Close observation or supervision of the nature and activities of the MNCs in the Third World countries reveal a positive image of the firms as the allies in development process of these countries inclusive of Kenya. For the greater wellbeing of the majority of Kenyas poor, it is important that the positive contributions of these firms to the economies become more diversely understood. Even though MNCs may be primarily motivated by profits and low cost to invest in Kenya, the morality of their activities in improving the living standards of Kenyan families, Kenyans should not be obscured through misperceptions or misrepresentations. In Kenya, the firms might have been acknowledged through their high wages to local employees than what they would have earned elsewhere. Also higher rents for land and buildings contributed to their acknowledgement. As much as Kenyans believed they were earning higher wages and rents, the MNCs argued that the wages were still low as compared to wages and rents paid to employees and owners of land and buildings in the developed countries. The above explanation on how wages are paid to employees in Kenya and the developed countries but on the other hand unless workers find it most profitable to work for MNCs at the wages they offer, they would choose employment elsewhere . Similarly unless MNCs can make as much profit as they can make at home as well as compensation for the additional risks taken to invest in Kenya or Third World countries, including the risk of asset satisfaction by a hostile future government they would not venture into those parts of the world. Thus, there has to be net benefits for al parties in transaction that is multi national corporations and the workers or foreign employees for the transactions to exist. However the comparison misses several key points. For example the working conditions of developing countries e.g. Kenya and the working conditions of developed countries were not the same standard. The skills or educational levels of workers in Kenya and those of developed countries are different. The amount of machinery and equipment handled by workers in developed countries are different as compared to the ones that are used in Kenya or in the developing countries. In short the output generated by developed countries is higher than the output generated in the developing countries. The company, who is a major contributor of foreign aid in the world which Kenya is one of the beneficiaries, is SMART Company. There exists a number of smart aid programs achieving results across Kenya in different ways such as fighting disease, boosting agriculture, promoting literacy, helping in trading and attracting investments, giving power or encouraging Kenyans to fight corruption and hold their own governments to account. The smart company has aid in putting Kenyans in school or educating them and has helped in reducing malarial deaths rate. Most of the people living in Kenya are at high risk areas of malaria. A number of people have been dying of the dreaded disease but the aid programs established in Kenya together with the Kenyan government unveiled their ambitious strategy to deliver mosquito nets in in the ratio of two nets per family at risk. Within three years of the start of the program by the donors, case of malaria and death rate had been halved. This success was also brought about by delivering effective malaria treatment at lower costs to Kenyans. Kenya is working to expand access to primary health services particularly through the training of two health extension workers per village with the help of MNCs donors thirty thousand young women have been mobilized to transfer health skills to communities, a vital initiative towards a country where health services often fail to reach those in isolated rural areas. The training of these workers and the provision of disease test kits as well as drugs are all paid for by The Global Fund to fight AIDS, TB and malaria, all these leads to development. In Kenya as in many places in Africa, opening a bank account requires a minimum deposit which is often beyond the reach of poor families. In rural areas, banks can be far away and inconvenient to reach. M-PESA is money is a money transfer system which allows people to deposit, withdraw, and send money by mobile phone without a bank account. The model was piloted by Vodafone with assistance from U.K. department for international development (DFID). it was implemented in early 2007 by Safaricom, Kenyas largest mobile provider at the time. It now has approximately five million users. A worker in Nairobi can open an account at any M-PESA agent, in a local shop, a Safaricom dealer or a petrol station. He or she can deposit earnings into an M-PESA account and transfer money to family members via SMS. The recipients can then go to a local store in their village and cash the SMS using a secret code contained in the short message, and their identification card. Considering that mobile phone subscriptions in sub Saharan Africa grows by more than sixty percent annually. The investment climate facility (ICF) is an initiative that grew from the 2005 commission of Africa and started operations in July 2007. Its aim is to work with receptive African governments to make the continent an even better place to do business. It is currently active in ten African countries and working on four pan-regional projects and two other initiatives. The CIF is funded by eight donor agencies Germany, Ireland , the Netherlands, South Africa, the U.K., the African Development Bank and International Finance Corporation and nine companies Anglo American, the coca cola company, Microsoft, SABMiller, Sasol, Shell Foundation , Standard Bank, Unilever and Zain. The Alliance for Green Revolution in Africa (AGRA) is an initiative funded by international donors including the Bill and Melinda Gates foundation and the Rockefeller Foundation. AGRA works to enhance agricultural productivity in Africa, Kenya included by training small holder farmers supporting the development of high yielding seed varieties, and ensuring that farmers have access to good quality seeds, tools, and fertilizer. AGRAs Program for Africas Seed Systems (PASS) provides grants and scholarships to agricultural scientists who then take their knowledge to local communities, working with farmers to see which seed variety best suit their land. AGRA works on innovative ways to make these seeds and their supplies widely available to rural farmers. Since 2006, AGRA has trained and certified over 5000 new agro-dealers, and aims to reach 9000 by 2011. This is having a real impact to farmers: in 2006 in Western Kenya, for example a farmer had to travel a distance of about 17 km to an agro dealer to purchase seeds and fertilizer; today that distance is an average of 5 km. AGRA has also provided loan guarantees through which farmers can access credit to purchase supplies that0 will boost their yields and in this case encouraging development. Kibera in Nairobi, Kenya is of east Africa largest slums and the setting for the recent film, The Constant Gardener, which presents images of grinding poverty tempered by peoples spirit of endurance. It is because of this film that the MNC offers to train the local individuals business skills that will enable them to be self sufficient. This past summer, a six-person team that included two Cornell university graduates and one alumna worked alongside residents of Kibera and Nyota, about three and a half hours North West of Nairobi as part of a project called the Base of Pyramid (BoP) protocol. Headed by Johnson graduate school of managements center for sustainable global enterprise, the project seeks to design and test a new process by which large corporations can work closely with poor communities to create new business opportunity for themselves and the community. Kenya, which is home to a subsidiary of SC Johnson was the firs site chosen to test the protocol. As much as it hasnt been attempted anywhere before, this protocol leaves no doubt about the goodwill of multinational corporations in Kenya. This is related to aid as the company seeks to help those willing poor individuals in the country. This has brought development in Kibera residence. One of the team members, Erik simanis, a doctoral candidate at the Johnson school who co-directs the BoP protocol project said: we think that business partnership between corporations and poor communities, when undertaken in a spirit of mutual respect, can be a powerful way to serve the needs of these communities while creating new opportunities for growth and innovation in the company. Multinational companies in Kenya work hand in hand with the government during or when national disasters occur. For instance, during the 2008 drought season which saw many poor living Kenyan citizens who depended on agriculture as their main source of living get highly affected. This forced the government to seek foreign aid and assistance from donors and weel wishers. Varriour governments across the world donated and participated in the contributions, however, major multinational companies in Kenya took the drivers seat.; this corporationa donated various things varying from food to livestock. The Nokia mobile company, a major phone manufacturing company, donated many containers of maize flour and cooking oil to distribute to affected communities. Other companies such as Barclays Bank, Coca Cola, Nakumatt also participated. Nakumatt supermarket which has many branches across east Africa started a campaign to encourage it customers to donate o the needy. The company thus helped Kenyans assist other Kenyans. Realizing that building healthy communities involve more than just donating dollars, Toyota manufacturing companies runs Volunteers in Place Program (VIP). This program was developed to encourage and recognize team members in the company who volunteer to work in foreign aid while supporting the companies operating principle and firm belief to be a good corporate citizen. Through the years, Toyotas program has become an important volunteer network to respond to needs in the communities where the various Toyota company team members live. For many of Toyotas motor company team members, volunteering is a way of life. For others the desire to volunteer is there but help is needed to get them involved. Thats where the VIP program is most helpful to team members. In addition to volunteering to individual selected charities, team members are given the opportunity to support group volunteer activities and project sponsored by the Toyota Company. This has helped in development of Kenyas economy. TechnoServe is a leader in a movement that empowers people in the developing world to build businesses that break the cycle of poverty. Growing enterprises generate jobs and other income opportunities for poor people, enabling them to improve their lives and secure better future for their families. Since its founding in 1968 the U.S. Based non profit organization has helped to create or expand thousands of businesses benefiting millions of people in more that 30 countries. The Financial Times has rated TechnoServe one of the top 5 NGOs for corporate partnerships. TechnoServes corporate partners include Cagill, Kraft, Nestle-Nespresso, Olam International, Peets Coffee and Tea and Unilever among others. Charity Navigator has also awarded his highest foster ranking to TechnoServe. since it was founded in 2000, GM Global Aid has facilitated millions of dollars in donations for disaster relief worldwide. Through this program, GM and it national and international business units and the GM Foundation can quickly direct vehicles, services, or supplies as well as monitory contributions to charitable organization assisting in local disaster relief efforts. An essential component of our disaster relief efforts are that which allows GM employees and others worldwide to contributes funds to disaster relief. On an occasion, contributions from our employees are matched by GM Foundation and their contributions helped in development. The company who knows that no one can effectively tackle child hunger alone, the challenges are too large and complex. Partnerships with other businesses, governmental and non governmental organizations and communities around the world are the best way to achieve our objectives. Together for child vitality builds on Unilevers long tradition of responsible corporate behavior, delivered through businesses firmly rooted in local communities all round the world. World food program brings to partnership more than 40 years experience in providing food assistance to people mostly mothers and children, in worlds poorest countries. The agency has unique knowledge of their nutritional needs and food habits, coupled with logistical expertise and extensive government and health authority relationships. World food program is the worlds larges humanitarian organizations, fighting hunger worldwide and has become the worlds largest provider for school meals and take-home rations for poor children: school meals attract children too school and boost primary school enrolment, attendance, performance and completion as education contributes to development. CONCLUSION This among other contributions of multinational corporations in Kenya and other third world countries has enabled them make tremendous step in development. The government with little assistance from these corporations has been able to efficiently serve its most needy and poor people and thus their contributions are highly relevant and may be credited to most of Kenyas achievement in development. Foreign aid can bring a lot of development if implemented in the right way. It has a lot of positive contributions to economic development.

Jack Londons To Build a Fire Essays -- Papers London Jack Build Fire

Jack London's To Build a Fire In his short story entitled "To Build a Fire," Jack London portrays a bitter conflict between man and nature. The nature in this story is the harsh environment of the Yukon Trail. London chose to use nature as the antagonist, almost as a force working against the main character in his struggle for survival. London accomplished this personification of nature by giving the environment many human characteristics, by creating numerous things going wrong that really should not have happened, and by foreshadowing the protagonist's fate all throughout the story. The author used such a struggle with man versus nature in many of his stories. He liked to portray a sort of struggle for survival, a rising up against the odds, theme to appeal to the masses at the time. He wrote passionately about the many tough questions of life and death, the struggle to survive while retaining one's sense of dignity and integrity, and he wove these fundamental themes into stories of high adventure based on his own firsthand experiences, whether it was trying to tough out a storm in Alaska or out at sea, or working in a factory or in the fields in California (California State Park Historians 1). Jack London gives the environment many human characteristics. During the entire story, the reader gets a feeling of the man being challenged by the "threats" that are placed in front of him by the Yukon Trail. "à ¢? ¦The mysterious, far-reaching hairline trail, the absence of sun from the sky, the tremendous cold, and the strangeness and weirdness of it all-made no impression on the man" (London 116). Nature also throws some potent... ...pened, and by foreshadowing the protagonist's fate all throughout the story. In the end, however, the antagonist of this story wins, proving to the man that it is the stronger of the life forces. Works Cited California State Park Historians. "Jack London - His Life and Books." February 9, 2003. http://www.parks.sonoma.net/JLStory.html "John Griffith London." Contemporary Authors Online. Literature Resource Center. GaleNet. Lake-Sumter Community Coll. Lib., Leesburg, FL. 9 Feb. 2003 http://galenet.galegroup.com/servlet/LitRC?c=1&stab=128&ai=55459&ste=9&docNum=H1000061094&bConts=16047&tab=4&vrsn=3&ca=1&tbst=arp&ST=jack+london&srchtp=athr&n=10&locID=lincclin_lscc&OP=contains#Writings London, Jack. "To Build a Fire." Literature: An Introduction to Fiction, Poetry, and Drama. United States: Longman, 2002. 117-128.

Contract and Hire Purchase Act

1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case, judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as â€Å"the doctrine of binding precedent†. The doctrine of binding precedent required that â€Å"like cases decided alike†. If a case now before the court has facts and raises issues similar to those of a previously decided case, then the present case will be decided in the same way as the earlier one.In this way, the earlier case, referred to as ‘a precedent’ will have provided a legal basis on which the latter case and subsequent cases could be decided. Generally, lower courts are bound to follow the decisions of courts higher than them in the same hierarchy. If the judge fails to follow a binding precedent, the decision of the said judge will be legally wrong and it may be reversed on appeal or overruled in a later case. Below is how The Doctrine operates in Malaysia. The court system in Malaysia, was last restructured by the Constitution (Amendment) Act 1994.The present court structure, which has been in force since then, is as follows : * The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. * Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal. * Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which serves Peninsula Malaysia, while the other is the High Court of Sabah and Sarawak, which serves East Malaysia, i. e. Sabah and Sarawak.Each of the High Courts is headed by a Chief Judge. * Below the High Courts are the Subordinate Courts, the highest of which are the Sessions Courts, each of which is headed by a Sessions Court Judge. * Below the Sessions Courts are the Magistrates’ Courts, each of which is presided over by a magistrate. Paral lel to the Magistrates’ Court is the Juvenile Court (Court For Children) which is also presided over by a magistrate. * In Peninsular Malaysia (West Malaysia) there are provisions for Penghulu’s Courts below the Magistrates’ Courts.These are headed by a penghulu or village headman. He has very limited jurisdiction and usually deals with local disputes in an informal manner. However, in practice, these courts hardly function. * There are also the Native Courts and the Syariah Courts. These courts operate only at the State level. The Native Courts exist only in Sabah and Sarawak and they deal with native rights while the Syariah Courts deal with matters pertaining to Islamic law in the respective states. 2. Does silence amount to acceptance? Kindly support your answer with evidence.Silence does not necessarily indicate that there is acceptance. However, there are exceptional instances where silence may amount to acceptance itself. The rationale behind this general rule is based on the idea that acceptance must take some form of objective manifestation of the offeree’s intention though some form of positive action. This is to ensure that no one should be able to enforce a contract upon an unwilling party. Based on Section 3 of the Contract Act 1950 provides that acceptance must be made in the manner prescribed by the offer.However, based on Section 7(b) of the Contract Act 1950 states that when the acceptor deviates from the prescribed manner, the offeror must not keep silent. If he does so and fails to insist upon prescribed manner, he is considered as having accepted the modified manner. For instance, refer to the below case of Felthouse v. Bindley (1826) Case : Felthouse v. Bindley (1826) 11 CB (NS) 869; 142 ER 1037 * The plaintiff had discussed with his nephew, John, on the purchase of a horse belonging to John, and wrote to him, offering to buy his horse and added, â€Å"If I hear no more from him, I consider his horse is mine at ? 0 15s†. However, John did not reply. * Six weeks later, John, whilst selling his faming stock, told the auctioneer to keep the horse out of the sale as he planned to reserve the horse for his uncle. But the auctioneer sold it by mistake. The plaintiff then sued the auctioneer. * Held : There was no acceptance of the plaintiff’s proposal by John. Therefore, the plaintiff had no right to impose upon his nephew a sale of his horse by silence. However, there are exceptions to this, and a strong case to find for silence mounting to acceptance is when the offeree explicitly states that he wants his silence to be regarded as an acceptance. Using the above case of Felthouse v. Bindley (1826), if the fact is twist by saying that Plaintiff and John have communicated with each other about the sale of the horse, and John told Plaintiff that he should write him a note about the sale of the horse, and if Plaintiff does not receive any reply from him, Plaintiff can assume that John has agreed to the sales. In such an instance, should John not replying to Plaintiff, acceptance may be found and a binding, enforceable contract may be found.Hence, communication becomes effective when it has been communicated. 3. â€Å"A consideration must be adequate†. Do you agree with the statement? Is a contract without adequate consideration void? Support your answer with cases and statuses whenever necessary. I do not agree with the statement above as consideration need not be adequate but must be sufficient. There is no requirement that the consideration must be at market value, as long as the promisee provides something in value in example ? 2 for an exchange of a car would be valid. The courts are not concerned the adequacy.For example, we may refer to the below case of Chappell & Co v. Nestle (1960) Case : Chappell & Co v. Nestle (1960) Nestle had a special offer involving if customer sent in 1s6d and three chocolate bars wrappers, they would get a record of a son g called ‘Rockin Shoes’. Chappell & Co who owned the copyright of the song has brought an action for breaches of copyright and claimed royalties. Nestle willing to pay the royalties at 6. 25% of 1s6d however Chappell and Co argued that it should be include the chocolate wrappers although Nestle thrown it away after they received it.The court held that consideration must be sufficient but need to be adequate; hence, the chocolate wrappers were part of consideration as it was part to increase sales and provided value. Therefore, Chappell & Co granted the injunction and Nestle could not sell the records. Under the Malaysian Law, explanation 2 to Section 26 of Contract Act 1950 provides that an agreement to which the consent of the promisor is not void merely because the consideration is inadequate; but the inadequacy will be question by the court whether the consent of the promisor is freely given.The illustration (f) to Section 26 of Contracts Act 1950 clearly states the application of the rule: â€Å"A agrees to sell a horse worth RM1,000 for Rm10. A’s consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration†. This was illustrated in the case of Phang Swee Kim v. Beh I Hock (1964), the respondent’s solicitor notified the appellant that she had trespassed on the said land and claimed for vacant possession and for an account of all income received by her from the land. In May 1963, the respondent instituted an action against her claiming the relief stated.The appellant counter-claimed for a declaration that she was entitled to the said land. At the hearing, the appellant contented that there was an oral agreement made between her and the respondent in which the respondent agreed to transfer the land to her on payment of $500 in 1958. The learned trial judge accepted her evidence, but held that the agreement is void due to inadequacy of consideration. However, on ap peal the Federal Court held that by virtue explanation 2 to Section 26 of Contracts Act 1950, there was adequate consideration as being no evidence of misrepresentation or fraud.The appellant was therefore entitled to the declaration sought by her. 4. Is an invitation to treat an offer? Support your answer with cases, whenever necessary. An ‘invitation to treat’ is not the same as an ‘offer’. In order for binding contract to be formed, there must be an ‘offer’ and an ‘acceptance’ of that offer. An invitation to treat is sometimes mistaken for an offer. There are many similarities between an invitation to treat and offer, making the distinction can be difficult.A good way of looking at the difference between the two terms is that an offer is a definite promise to be bound on specific terms, whereas an invitation to treat is only an indication that someone is prepared to receive offers with the view of forming a binding contract. Thu s, the distinction turns on the specificity of the offer and the degree of vagueness or conditionality attached to it. The main situation where an invitation is mistaken for an offer is in advertising. Advertising is not an offer, but rather an attempt to induce offers. Advertising is therefore classed under contract law as an invitation to treat.Only when the customer offers to pay for the goods at the advertised price has an offer been made. Similarly, the ‘exhibition of good for sale’ can be confused as an offer when really it is an invitation to treat. When goods are displayed in a store this constitutes invitation to customers to make offers to purchase the items. Another situation is in auction sales. At an auction the bid itself is an offer then the auctioneer can either accept or reject the offer. Refer below list of cases of invitation to treat :- * An auctioneer inviting bids offers an invitation to treat when a bidder makes a bid.Case : Payne v. Cave (1789) I n this case, the defendant made the highest bid for the plaintiff’s goods at an auction sale, but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer, which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. * When a customer puts goods in basket, he or she makes an offer. Case : Pharmaceutical Society of Great Britain v. Boots Cash Chemists Lts (1952)Certain brand name medicines were displayed for sale in a self service store. The issue arose as to when and where the sale of the medicines took place. The reason this was an important issue was because the Pharmacy and Poisons Act 1933 S 18(1) provided that it was unlawful to sell such medicines unless the ‘sale is effected by, or under the supervision of, a registered pharmacist’. If the sale took place when the customer put the medicines in her shopping basket the sale would not take place ‘under the supervision of, a registered pharmacist’ because a pharmacist was present at the checkout desk.The issue here is before the court was when did the sale tale place? Was it when the customer put the medicines in her shopping basket or was it when the customer presented the goods to the cashier? The court held that the sale took place when the customer presented the goods to the cashier. The placing of the medicines in the shopping basket has no contractual significance. It was not even an invitation to treat since there had been no communication between the shopper and the shop. The contract would only be made at the cashier’s desk. The display of goods in a shop by shopkeeper is an invitation to treat. Case : Fisher v. Bell (1961) A shopkeeper was convicted of offering for sale a flick knife contrary to the Restriction of Offensive Weapons Act 1959 S 1(1); he had displayed the knife in his shop window . The shopkeeper appealed. The issue here is, before the court was whether the shopkeeper was offering a flick knife for sale. On the appeal the shopkeeper was acquitted of ‘offering’ a flick knife for sale. Before the magistrates court he was actually convicted of ‘offering’ the knife for sale.This case shows that goods on display are inviting customers to make an offer to buy them from the shopkeeper. In other words ‘goods on display in a shop’ are an invitation to treat not an offer to buy. * Supply of information is an invitation to treat. It is considered to be in the process of negotiation and not a define offer to sell. Case : Harvey v. Facey (1893) The prospective buyer, Harvey, sent a telegram to the seller Facey, asking: â€Å"Will you sell us Bumper Hall Pen? Telegraph lowest cash price. † Facey responded by telegram: â€Å"Lowest price for Bumper Hall Pen ? 900. † Harvey later eplied: â€Å"We agree to buy Bumper Hall Pen for the sum of nine hundred pounds asked by you. Please send us your title deed in order that we may get early possession,† but received no response. Harvey brought an action to enforce the contract. The court held a contract for the sale of the property could only have been concluded of Facey accepted Harvey’s final telegram. Facey had not said that he would sell the property and had merely stated the lowest price he was willing to sell at. Harvey could not imply Facey’s telegram was an offer to sell as this must be expressy given.In essence, a price quotation of itself does not amount to an offer but is merely an invitation to treat. An invitation to treat is quite literally an invitation to another party to negotiate, which does not suggest an intention of being bound. Hence, an invitation to treat is a tool to get negotiations going and show the terms which one party may be willing to accept, as opposed to an offer in which one party is prepared to be le gally bound by upon acceptance. 5. What is the definition of ‘contract of sale of goods’ under the law?A contract of sale of goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price, consisting wholly or partly of money. Where, by virtue of one or more contracts, a person has agreed for value to bail goods to a bailee on such terms that the property in the goods will or may at the option of the bailee pass to the bailee then, for the purposes of this Act, that person is deemed to have agreed to transfer the property in goods to the bailee, and the bailor shall be deemed to be the seller and the bailee shall be deemed to be the buyer.There may be contract of sale between one part owner and another. Thus, a contract of sale may be absolute or conditional. 6. Does the Hire Purchase Act cover all hire purchase transaction? The Hire Purchase Act does not in actuality cover all hire-purchase transaction. Hire Purchase agreement is used by Financial Institutions to fund the purchase of consumer goods (goods purchased for personal, family and household purposes), vehicles and other business equipment and industrial machinery.In Malaysia, the legislation governing hire purchase transaction is the Hire Purchase Act 1976, which came into force on 11 April 1968 after hire purchase became popular in the acquisition of expensive consumer goods such as cars, business equipment and industrial machinery. In respect of goods not specified in the First Schedule of the Hire Purchase Act, the parties are free to contract outside the provision of the Act or agree to be bound by the provisions. However, the First Schedule may be amended by the Minister concerned from time to time. 7. i) What is the main legislation governing partnership in Malaysia? In Malaysia the governing law that addresses partnership matters is provided in the Partnership Act 1961 (Act 135) (ii) What is the statutory definitio n of partnership as provided under the Malaysian Law? Partnership is defined by Section 3(1) of the Partnership Act 1961 as ‘the relation, which subsists between persons carrying on a business in common with a view of profit’. No person may be a partner with himself. There must be at least two or more persons to form a partnership.

How far do Stalin’s fears and suspicions account for the extent of the terror in the USSR in the years 1936-39?

One of the definitive factors of Stalin’s Russia is the mass array of terror he cast over his nation during his tyrannous reign which was fuelled by purges of people from all walks of life; this stemmed from kulaks on the collectivised farming to ‘saboteurs’ in the industrial aspects who were said to be at fault for un met quotas. Stalin held his country in peril, but for what reason?Ultimately it can be regarded as a disproportionate amount of fear and suspicion blinding Stalin in extenuating paranoia thus leading to the terror seen in the years from 1936-39. Although this is not the full reason, it must also be taken into account the economic difficulties and external threats faced at the time, so Stalin’s fear is not the full reason to the extent of the terror.Notably, in 1936 Stalin declared the Soviet Union was in â€Å"a state of siege† which lead to his progressive terrorising of the Soviet Union. The key origin of the terror that unfolded is often remarked as the murder of Kirov on the 1st of December 1934. Stalin was said to become suspicious of others and is likely to have feared for himself after the death of this highly regarded member of the central committee because it could indicate that someone was attempting to overthrow him.This fear of losing his power is to and extent accountable for the terror which took place, in particular the purges of the party because these are likely to be the people who wanted his position so he would have been suspicious that these were the one that wanted him dead and therefore they had to be cleansed- this, if true it would be a driving factor because Stalin wanted more than anything to maintain his power. However, it has been postulated that the murder of Kirov was an elaborate plot devised by Stalin.Kirov was said to at times receive more applause than Stalin in meetings, this demonstrates that Kirov was highly popular and because he opposed the speed of industrialisation and ex treme measures of party discipline Stalin may have not wanted him to be impressionable on other party members, which he clearly was exemplified by him receiving more applause than Stalin a man who was clapped where ever he went.So overall it appears rather apparent that whether the murder was or  was not organised by Stalin fear was a fore frontal element which drove him to the terror as Kirov portrays how he thought of party members may change ideas of others over his so he had to therefore eradicate them hence accounting for the terror which transpired. Although this cannot be fully noted as simply as fear because relating back to the fact Kirov received more applause could show that his death and the purges were a result of Stalin’s irrational jealousy of others and not fear, he wanted to ensure he remained top and was jealous of any who even mirrored in the slightest his appraisal.Contrary to jealousy, a factor which heightens the portrayal that fear and suspicion were the driving force is the rise of fascism at the time. In March 1936, just before Stalin sprung his terror on the party and military, Hitler reoccupied the demilitarised zone of the Rhineland and much to Stalin’s disarray his supposed western allies did nothing but idly stand by. This may have created fear in Stalin and alarmed him of the fascist threat spiralling into him attempting to liquidate not only his external but also his internal enemies.Combined with this it has been postulated that he was haunted by the fate of Nicholas II who had been brought down by a mixture of internal and external enemies, with this in his mind Stalin would not want to suffer the same fate hence we see how he would have been fearful of this possibility. Supporting this is the fact that in August 1936 Zinoviev and Kamenev were pulled out of prison and put on a show trial, accompanied by 14 other oppositionist group members in the party.From this we can deduce that suspicion was a driving factor in Stalin’s motivation for the purges because he was obviously mindful of the past which led to him to prevent it from happening- and this meant the terror which he unleashed on the party to prevent this and also on the military to prevent the new force of fascism seeing to his downfall (so yet again mindful of the external threats fuelled by his fear).In agreement with this idea is the fact that from members of the central committee in 1934 by 1938 70 percent of them were dead, if we link this back to the as fore mentioned idea that Stalin planned the murder of Kirov, we see an un disputable depiction of Stalin’s terror unleashed on the party and because of the former it was fuelled by his fear and contrite of potential downfall at the hands of others and he did see an apparent  threat in the form of members such as Kirov.In stark contrast, it cannot be regarded that Stalin’s fear and suspicion were the soul contributor to the extent of the terror; Stalinâ⠂¬â„¢s very personality is notably a dominant factor to the outbreak of the terror. Stalin’s cult of personality refers to how he dominated every aspect of Soviet life, he was no longer a leader but an embodiment of the nation itself- communism was now what Stalin said and did.One famous Russian politics of the time Khrushev who went on to lead the soviet union during the cold war and who had worked with Stalin stated that â€Å" Stalin is hope, Stalin is expectation†¦. Stalin is our victory†. From this account it begins to enlighten us to how Stalin must have been a rather self-absorbed man, this is displayed by firstly on Stalin’s 50th birthday in 1929, a huge all day parade and celebrations were held were tanks and soldiers were deployed to march through the streets and on may day celebrations planes flew overhead with portraits of Stalin.Through this depiction of how his cult of personality presented him as this man who highly thought of himself it pres ents how he idealised himself as the hero of the revolution, a genius who alone could take Russia forward to socialism and effect the transformation of the country, and who therefore could not be thwarted.Not only do this ideas contrast such that he was fearful, because as he thought of him-self in such prestige and being so powerful he had no reason to fear and consequently this could not have been the reason for his terror, but it also provides an explanation to why he had to get rid of the Bolshevik who knew that he was not this all-encompassing hero, because they would still have Lenin’s testament in their minds where Stalin was denounced by the man the Russian people saw as a God, so they would not accept him in the light he saw himself and may try to thwart him therefore this lead to his purges because he wished to maintain this cult of personality which resembled him as a demi God and it was in such interests security that he purge the party of either those who may dis agree or those mindful of times of the power struggle where the testament was revealed.However, Stalin’s personality is said to account for his suspicion which may have led to the terror as he was described as being deeply suspicious, verging on paranoia. Referring back to Khrushchev he reported that Stalin was ‘a very distrustful man, sickly suspicious, seeing everywhere about him â€Å"enemies†, â€Å"double dealers†, and â€Å"spies†. Combining with this, the suicide of his wife on the 8th November 1932 which will have convinced him even more that those around him would betray him because the women closed to him has resorted to killing herself which he will have seen as her rejecting his ideals and thus betraying him, it meant his personality became deeply suspicious.So although his personality does partially portray ideas that it was Stalin’s own ego which fuelled the terror, there was definitely and element of suspicion because of past e vents and how his peers regarded it as being natural to his personality. Alternatively, the terror can also be seen to mimic the cunningness Stalin showed at the time of the power struggle where he outwitted his opposition and thus eliminate them leading him to gain control of the communist party. First off this can be shown by the fact he wished to keep the party under his full control so he could therefore carry out his policies end edicts without question, keeping the party in a constant state of insecurity ( who would be arrested or denounced next? ) was a way of keeping control.This can be seen most by the nomenklatura around the central committee: allowed Stalin to keep his lieutenants guessing about whom he would adopt as ‘his people’. So the purges of the military allowed for this, so through this it shows Stalin’s cunningness being a reason for the purges because he used them to keep those higher up in line. However, yet again this can be seen to also mi rror the fact in how Stalin felt threatened by the growing opposition to him in the 1930’s thus it portrays how fear is still a root element to thee purges because despite his cunningness being apparent it still all comes back down to his fear as being the intrinsic reason for the terror.Contradicting this still is how Stalin’s cunningness and intellect can be seen to have instigated the purges because of the economic difficulties the Soviet Union faced at the time. Production figures from the five year plans were beginning to level off and fall behind schedule , there had been a bad harvest in 1936 (just before the start of the terror) and Stalin’s management of the economy had been criticised heavily. Stalin through the purges of the people adopted scapegoats for these failings and allowed him to pin problems on so called ‘wreckers’. Thereby Stalin was also able to shake up managers and workers which made them work much harder as they did not want to face accusation – this tied in with the Stakhanovite campaign of 1936.The terror allowed Stalin to increase workers to be more productive and encourage them to be Stakhanovite’s and demand more tools and materials to increase production rates, Through this we can see how the terror amongst the workers was fuelled by Stalin’s cunningness to manipulate the workers into working much harder and reeking greater results for Russia, so it would seem that part of the reason for the terror is in fact drawn from Stalin’s intellect and cunningness supposed to the fear and suspicion that drove the purges in other sectors. Overall Stalin’s fears and fears and suspicions heavily contributed to the terror within the USSR from 1936-39. It was the fear of losing control of the party to numerous factors such as fascism and rejection of his ideology which led him to purge the party and military.Although the purge of the workers is prominently a result of Stalinâ €™s cunningness to manipulate them in order to gain greater results in an attempt to meet his five year plans, it is the suspicion which we saw evident after the murder of Kirov that led him to purge his own party first of all and the fear of external and internal threats which led him to purge the military. In conclusion fear and suspicion heavily contributed to the extent of the terror from 1936-39 as it is so evident from the party and militarily, but it still must be acknowledged that it was not the sole reason as Stalin did cause some terror amongst workers as a result of his intellect not fear, however overall the major factor which lead to the most influential and majority of purges was in fact his fear and suspicions that dwelled with his personality and led to vindictive paranoia.