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Phase 2: Communication plan – In this phase, you need to com

Phase 2: Communication plan – In this phase, you need to communicate with your troops about the National Infrastructure Protection Plan, through your information in the memo. The communication plan should involve a diagram showing the flow of information, the timing of the communication as well as the media of the communication. You also need to submit publishs of any communication pieces of your communication plan. Phase 2 grading will be based on answer quality, logic / organization of the communication plan, and language and writing skills, using the following rubric.

For this reflection paper, please pick one of the three topi

For this reflection paper, please pick one of the three topics below and write 2-3 pages, double spaced, on the selected question. There is a file related to the questions and please read it to get informations from it.

Literature review- should marijuana be legalised? Essay

The legalisation of marijuana has long been a debated subject, and not only in Australia But all around the world. People’s views in this area vary greatly, with many reasonable arguments for and against the issue. In this report, past studies and literature will be reviewed providing an understanding into the possible consequences of legalising marijuana as well as the views and debates regarded to the issue. The organisation, Gallup has been examining America’s attitude towards the legalisation of marijuana since the late 1960’s. Their studies show that in the past Americans have been opposed to the issue, with just twelve percent supporting the drug’s legalisation in 1969. However, in 1977 this number increased to 25 percent, and in 2000 rose again to 31 percent (Carroll, 2005). According to a new study by Gallop, the amount of Americans in favour of marijuana’s legalisation today has now soared to a riveting fifty percent.
Including people between the ages of eighteen and twenty nine most in favour of its legalisation, and people sixty five and older proved to be most opposed to it (daily mail reporter, 2011) A predominant question in the debate relating to the legalization of marijuana is whether consumption would rise and by how much. Many people are concerned that if the drug became legal it would become more accessible, affordable, and acceptable in society, making an increase in consumption a big possibility. Rand, a drug policy research centre, conducted a study that supports this argument. “Results from these studies suggest that regular use of marijuana will Increase both in prevalence and in terms of average level of use with a fall in the monetary price of marijuana and a reduction in the enforcement risk of using marijuana. The precise increase in use, particularly in terms of average quantities consumed among users, remains unclear because of inadequate analyses of conditional demand.
However, it is clear that the number (prevalence) of regular users will rise in response to both (Pacula, 2010).” According to Rand there is still an uncertainty towards how much marijuana consumption will increase post-legalisation, however, their models suggest that numbers could increase by fifty to one hundred percent or more. This would depend on the retail price, availability, advertisement and the federal response (Kilmer, 2010). If more people are using the drug, more people will be open to the health disadvantages marijuana has on the human body. The primary reason why marijuana has been illegal in the past is because the drug does have many adverse health effects. In the same way the government protects people on the road by making them wear seatbelts; they also want to protect members of society from falling to the consequences involved with consuming marijuana.
The government does have a certain level of responsibility over the safety of society, which is why many people believe that marijuana should remain illegal. The National Institute on Drug Abuse has surveyed and conducted many scientific research projects, all showing that excessive marijuana use has a serious effect on a user’s memory, social skills and capability to be educated (buddy, 2006). Intensive use can also lead to many long term effects such as depression, anxiety and personality disorders as well as an increased risk of getting bronchitis, lung cancer and other diseases of the respiratory system (NSW Government, 2011).
Despite these effects of marijuana usage, it has proved that marijuana is no more harmful than legal substances like alcohol and tobacco. Which brings into question, why should marijuana be illegal when alcohol and tobacco consumption is allowed? An investigation by the British Medical Association actually went on to prove that alcohol and tobacco are far more addictive than marijuana. In fact, the drinking of alcohol and the use of cigarettes result in more deaths per year than does the use of marijuana.(marijuana safety, 1999) ” Alcohol is more toxic, more addictive, more harmful to the body, more likely to result in injuries, and more likely to lead to interpersonal violence than marijuana” (safer choice,2010) If marijuana were to be legalised it could provide a safer alternative to alcohol and more harmful drugs.
Substituting these drugs with marijuana could be a successful approach to the battle against substance abuse. Amanda Reiman describes what she has found in her study about the substitution of other drugs with marijuana. “Substituting cannabis for alcohol has been described as a radical alcohol treatment protocol. This approach could be used to address heavy alcohol use in the British Isles – people might substitute cannabis, a potentially safer drug than alcohol with less negative side effects, if it were socially acceptable and available.”( Reiman, 2009) Similar studies in this area went on to suggest that legalising marijuana will decrease road accidents. By viewing statistics in areas where the drug has been allowed, researchers have found that there was nearly a nine percent reduction in traffic deaths (science daily, 2011).
Marijuana has actually proved to have many medical uses, although sometimes they are completely overlooked. In the past, many studies have shown the drug to have several beneficial effects, these include, effective pain relief as well as providing aid to the side effects of chemotherapy and the symptoms of AIDS, multiple sclerosis, epilepsy, glaucoma and other serious illnesses.(co-ed magazines, 2010) In 1997, the National Institutes of Health published a report specifying the possible medical uses for marijuana. The report emphasized five areas of medical care that were most applicable. These included Stimulation of appetite and decreased cachexia, Controlled nausea and vomiting linked with cancer chemotherapy, Decreased intraocular pressure, pain relief and finally, the benefits in area of Neurological and movement disorders By allowing marijuana consumption the government would be providing many people with a cheaper and effective alternative for pain relief and other medical impairments.
Legalisation could also lead to further medical research and findings on the medical uses of the drug.( National Institutes of Health, 1997) ‘Though the benefits of medical marijuana are ignored by the federal government, many scientists seemingly agree that the benefits of marijuana from a medicinal standpoint heavily out weigh the risk when it comes to aiding patients’ (Gallagher, 2012) When looking at marijuana legalisation from an economic perspective many advantages are noted. a study lead by Dr. Jeffrey Miron reported that once legalised, If marijuana were to be taxed similarly to the taxation system used on alcoholic and tobacco products, Governments could be looking at annual savings and revenues of up to fourteen billion each year.
This includes savings in areas like prohibition enforcement which is said to be around 7.7 billion dollars. Over 500 other economists are supporting Dr. Jeffrey Miron’s study and are calling for a debate considering the reason and basis behind marijuana prohibition. (Miron, 2005) Overall, views on the legalisation of marijuana vary greatly among the people of Australia and the world. Past literature and in depth studies have revealed many advantages and disadvantages in regards to the drugs legalisation. Society’s arguments are centred around, the effects on marijuana consumption, health effects, health benefits, economic advantages and its harmfulness in regards to other legal drugs.
Bibliography
Vandaelle, I. (2012, Janurary 17). Majority of Canadians support legalizing or decriminalizing marijuana, new poll suggests. Retrieved 2012, from National Post: http://news.nationalpost.com/2012/01/17/majority-of-canadians-support-legalizing-or-decriminalizing-marijuana-new-poll-suggests/ 10 Major Health Benefits of Marijuana. (2010, September 2). Retrieved 2012, from Coed magazine: http://coedmagazine.com/2010/09/02/10-major-health-benefits-of-marijuana/ Cannabis is The Answer To Booze Problems. (2011, October 16). Retrieved 2012, from imarijuana.com: http://www.imarijuana.com/tag/medical-cannabis-dispensary Medical Marijuana Laws Reduce Traffic Deaths, Preliminary Research Suggests. (2011, November 29). Retrieved 2012, from science daily.com: http://www.sciencedaily.com/releases/2011/11/111129123257.htm Medical Marijuana Laws Reduce Traffic Deaths, Preliminary Research Suggests . (2011, november 30). Retrieved 2012, from The rational response squad: http://www.rationalresponders.com/forum/30694 Record high: Gallup poll shows FIFTY per cent of Americans favour legalising marijuana. (2011, october 18). Retrieved 2012, from mail online: http://www.dailymail.co.uk/news/article-2050348/Legalisation-marijuana-50-Americans-favour.html Carroll, J. (2005, November 1). Who Supports Marijuana Legalization? Retrieved 2012, from GALLUP: http://www.gallup.com/poll/19561/who-supports-marijuana-legalization.aspx Debate on legalising marijuana . (n.d.). Retrieved 2012, from Hun pages: http://ange1ica1.hubpages.com/hub/Debate-of-Legalizing-Marjuana Gallagher, P. (2012, April 30). Are the benifits of medical marijuana being completely overlooked. Retrieved 2012, from Activist Post: http://www.activistpost.com/2012/04/are-benefits-of-medical-marijuana-being.html Kilmer, B. (2010, September). Insights on the Effects of. Retrieved 2012, from Rand: http://www.rand.org/content/dam/rand/pubs/testimonies/2010/RAND_CT351.pdf

Cybercrime Prevention Act of 2012 or Republic Act No. 10175

What are the Cybercrime Offenses?
offenses against confidentiality, integrity and availability of computer data and systems includes illegal access, illegal interception, data interference, system interference, misuse of device and cybersquatting computer related offenses
this includes computer-related forgery, fraud, identity theft content-related offenses
this includes cybersex, child pornography, unsolicited commercial communications and libel The definition under the Revised Penal Code (RPC) for libel is followed: public and malicious imputation of a crime, or of a vice, or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Unsolicited commercial communications refer to the transmission of commercial electronic communication with the use of computer system which seek to advertise, sell or offer for sale products and services
The law also punishes those who aids or abets in the commission of the cybercrime as well as those who attempt to commit the same.
Penalties to be imposed include imprisonment of prision mayor or 12 years plus a fine ranging from P200,000 up to P1,000,000.
Under Sec. 12, law enforcement authorities shall be authorized to collect or record traffic data in real time associated with specified communications transmitted by means of a computer system. o The requirement for this is “due cause” and no warrant is necessary. o Traffic data refer to communication’s origin, destination, route, time date, size, duration or type à but excludes content. o To seize or disclose content, a court warrant is necessary.
Under Section 19, the Department of Justice can issue an order to restrict or block access to the computer data, should the computer data be found to be prima facie (presumed to be) in violation of the law. [Critics have called
this the take down clause]
Comments:
The inclusion of libel
No clear definition à allowing people who share, retweet, post to be prosecuted Penalty for online libel is 12 years imprisonment as opposed to the libel under the RPC which is 4 years and 2 months. The Philippine libel law has been previously been declared by the UN Human Rights Commission as excessive and incompatible with international human rights law. (October 2011) Individuals can get punished for libel under the Cybercrime Law and under the RPC because of Sec. 7 which provides that a prosecution under this law shall be without prejudice to any liability for violation of the RPC or special laws. Under Section 19 or the “Takedown clause,” the Department of Justice can immediately order blocking access to your computer data, depriving you of the opportunity to access and see your stored information. Here, the DOJ acts as the prosecutor and the court who issues the “gag” order. Law is silent on the liability of service providers.

Law Reform on Native Title Essay

Indigenous people as defined by the Cobo report (1987) are “a group having a historical continuity in pre-colonisation societies with a distinct culture now a minority in society today”. Throughout history and times of colonization change has been seen in a plethora of ways. Importantly for Australia has been the take over of land by the British under the doctrine of Terra Nullius, which means meant that if land was populated by “backward peoples”, as in it was “unoccupied” it was considered as if it were unpopulated, as there was no formal organised system of living or Government. The common law term for this is acquisition of settlement. There are many cases in our history that have been both effective and ineffective: The Gove Land Rights Case, Mabo I & II and the Native Title & Amendment Acts, which have had the purpose of creating justice, and just outcomes through law reform, with a particular focus on Native Title.
The Bark Petition and Gove Land rights case sought to have land rights recognised by the Australian Government (1971). The argument provided was that the yolngu people had a complex social and legal system, a Government of laws, not of men. Justice Blackburn rejected the argument, as Australia had been settled and established by the British, so the Doctrine of Reception existed. With no case of this type in Australia’s history, it was a huge step forward in creating justice, but also meant there was nothing comparable to it. Consequently, it was a big step forward as it was the first time a Legal Fiction of Terra Nullius, which overturned many previous assertions and provided a way forward and a path for the Mabo cases. This was the first step in a long law reform process, none the less providing a developing just and effective outcome for Aboriginal people.
Restriction on movement for Aboriginal people provided many problems, including loss of connection to land, spirituality and ancestors. In the eyes of Eddie Mabo, this was an infringement of his basic human rights. In 1982, Fr. David Passi, James Rice and Eddie Mabo began an action, which saw a case before the High Court of Australia in Mabo v. Queensland (No.2). Mabo v. Queensland (No.1) saw the 3 men declare that: the Meriam people were entitled to the Murray Islands and that the State of Queensland had no right to extinguish the Meriam people’s title to the Murray Islands, and that a system of Native Title had been established, against the Queensland Coast Islands Declatory Act (1985), which attempted to extinguish Native Titles. The final decision in Case1 did not address the issue of whether native title existed, but found Queensland was trying to restrict the land rights because of their race.
Mabo v. Queensland (No.2) required the court to consider that: if Australia was truly terra nullius at the time of settlement, then the Islanders had no case, on the other hand, if the English had ‘invaded’, then the original inhabitants would be recognised. The ruling showed a majority of six to one, and the High Court ruled that the Murray Islanders had the right to the possession, occupation and enjoyment of traditional lands. This was based on two key points: firstly that the declaration of Terra Nullius was not valid, so native title could not exist, and secondly that native title existed wherever Indigenous people had occupied the land prior to European settlement. This was a major step forward in Australia’s history as well as in creating and effectively achieving justice in regard to native title. As apart of a broader picture and a law reform process, it showed a big step toward the future as it meant that Terra Nullius was overturned which meant further reform could take place, setting precedent for the overall goal of achieving justice as well as the broader society in terms of recognition.
Following Mabo v. Queensland (No.2), the Commonwealth Government passed the Native Title Act (1993), which saw the official recognition of native title. Native Title is defined in Section 61 of the Act as the rights and interests of Aboriginal and Torres Straight Islanders observed under traditional custom and recognised by the common law of Australia. This important step in changing Australian law and achieving justice for Aboriginal people was followed by the Native Title Amendment Act (1998), which saw changes to The Native Title Act after a push by the Howard Government in regards to the response to the Wik case and meant it harder to make registration of a claim and to increase interests of miners and pastoralists.
This was met with much criticism, including the United Nations committee, on the Elimination of All forms of Racial Discrimination that found they breached the International Convention on the Elimination of all Forms of Racial Discrimination. This is an example of law reform once again, to fir with changing attitudes, values and behaviours, as well as to reinforce and clarify parts of the act such as pastoral lease’s. It shows elements of positive and negative reform, as on one hand it shows a continuing, effective process, and on the other hand shows a change in the original intention.
The effectiveness of law reform process in achieving just outcomes in regard to native title has shown to be effective through a constant law reform process. This process has seen the development of new ways, beliefs and values, as well as the abolishment of the doctrine of terra nullius, creating justice for Indigenous Australians then, now and into the future.

Application of Risk Management Essay

Application of Risk Management
Scenario:
YieldMore is a small agricultural company that produces and sells fertilizer products. The company operates through its headquarters in a small town in Indiana. Outside its headquarters, there are two large production facilities—one in Nebraska and one in Oklahoma. Furthermore, YieldMore employs sales force personnel in every state in the U.S. to serve its customers locally. The company has three servers located at its headquarters—Active Directory Server, a Linux application server, and an Oracle database server. The application server hosts YieldMore’s primary software application, which is proprietary program managing inventory, sales, supply-chain, and customer information. The database server manages all data stored locally with direct attached storage. All three major sites use Ethernet cabled local area networks (LANs) to connect the users’ Windows Vista workstations via industry standard, managed switches. The remote production facilities connect to headquarters via routers T-1 (1.54 mbps telecomm circuit) LAN connections provided by an external Internet service providers (ISP) and share an Internet connection through a firewall at headquarters. Individual sales personnel throughout the country connect to YieldMore’s network via virtual private network (VPN) software through their individual Internet connections, typically in a home office. Task:
I would have to say the most likely pairs of threat/vulnerability are location, equipment failure, social engineering, Denial of Service (DOS), and Mal ware. These threats seem to be the most problematic for this company. The first one is location; the servers are all housed in the company headquarters where if a natural or manmade disaster would cripple the company’s infrastructure. They need to distribute their servers to different locations. Another pair is equipment failure; each server has its own specific function that it handles and nothing else. It would help mitigate some of the risk that would happen if each server handled their own problems. Social engineering is a problem because it is dependent on the user which another person can hack the person for information that could get access to the organizations system. DOS is a problem because the public systems are not protected by firewalls and anti-virus program. This makes service availability a loss. The final problem is malware which is caused by the lack of anti-virus or out of date virus definitions. The impact of this is usually the loss of server or information depending on what the virus was originally intended to do. There are six risk management steps you can use to protect your company:
1. Determining the objectives of the organization,
2. Identifying exposures to loss
3. Measuring those same exposures,
4. Selecting alternatives,
5. Implementing a solution,
6. Monitoring the results.
I would suggest using all six steps to insure that my company is protected. The primary objective of an organization growth will determine its strategy for managing various risks. Identification and measurement of risks are relatively straightforward concepts.

Feedback to my classmate Essay

1.The four points about giving feedback that I plan to utilize while providing my classmate feedback on their skills check are as follows: Equality – My classmate is a valuable and worthwhile human being. Communication is generally more effective when feeling of equality exists. We are both equal in every way as we are both taking the Health Care Assistant program and both have home lives. Supportiveness – There has to be an atmosphere of trust and mutual support for effective communication between myself and my classmate Positiveness – To transmit positive feeling to other people. My classmate needs to feel liked and accepted by me and then they will be more apt to become involved in communication with me. Empathy – To try and feel as my classmate being assessed on their skills check would feel and to try and understand what they are experiencing.
2. Of the five components of caring communication the two that I utilized the most while providing constructive feedback to my classmate with regards to their skills check were supportiveness and equality. I utilized the two components as follows: Supportiveness – I felt I created an atmosphere of trust and mutual support with my classmate by reiterating that my classmate had requested me to provide constructive feedback on three components of their skills check and that I would only give feedback on the three components identified. When my classmate had completed the skills check, I proceeded to give my classmate constructive positive feedback on the three components identified.
I addressed each component specifically and stated how my classmate had supported the component and where I felt the component had not been supported. I identified strengths and areas for improvement. Even if my classmate had successfully completed the identified component, I verbally identified the component and what behaviour my classmate performed to support the component. I explained descriptively on how my classmate’s actives matched their intention. At this point the instructor that was performing my classmates’ skills check asked if there were any other items that I would like to comment on. Before I proceeded, I took into consideration the reason for this exercise and considered what my classmate required and what had been requested of me. I questioned my classmate if they would like any additional feedback and stated that I had not written any other comments on the feedback skills check form.
My classmate indicated that they did want additional feedback. I provided by classmate with additional comments on 2 additional behaviours that had room for improvement. I asked my classmate if I should write the additional comments on the feedback formfor skills check, which was agreed on. Equality – Once my classmate had completed the skills check and before I proceeded to give any constructive feedback on the three components of the skills check that my classmate had identified for feedback, I thanked my classmate for asking me to give feedback and stated that this was the first time that I had given constructive feedback. I smiled and laughed a little stated that I was also nervous just as they were. I reiterated that we are peers and classmates and that giving constructive feedback can be difficult and that I hoped any feedback I gave was helpful to my classmate.
3. While I received feedback on my skills check, I took into consideration that constructive feedback is to give my classmate and myself the opportunity to learn. Constructive feedback is not about me or us, but about the behaviours that we are performing. I felt elated when I received positive feedback, so in turn receiving constructive feedback on behaviour where I needed improvement was much more positive. I felt receiving feedback that was descriptive and that identified strength and areas for improvement very informative and a creative learning tool. I found I was listening closely was able to rephrase the feedback that I had received. I felt very positive about the whole skills check feedback and was able to understand that it was “constructive feedback” and not criticism which in turn allowed me to thank all that were involved with a smile.
4.Upon reflection of giving and receiving feedback, I feel that it was a very positive experience. When I received the feedback from my classmate on my skills check, my classmate proceeded to give me additional comments. I was not prepared for this, nor did I expect this. I feel I may have projected this to my classmate by way of body language. I knew and I feel that I regrouped quickly and I did listen to what my classmate had to say. I understood that this was a learning tool for me, and that my classmate was trying to help me with my behaviours that needed improvement and was not being critical of me. When I gave feedback I am not sure that I finished with a positive statement to my classmate. I now realize how important this is and I feel somewhat ashamed that I may have missed this step. Receiving any type of feedback can be daunting whether it is positive or meant to assist with areas that require improvement.

MDG Presentation Essay

ABSTRACT
The Importance of Information Technology (IT) cannot be over emphasized as it is very necessary in all works of life; Agriculture, Health, Education, Security, Entertainment etc. It provides new opportunities for improving performance and strategic competitiveness. However, few organizations have successfully grasped the opportunities enabled by IT, largely due to their limited ability to evaluate the impact of IT on firm performance and ignorance. My Industrial Training Programme has exposed me to the IT industry with hands-on practical experience on Computer engineering and software development.
The practical side of computing can be seen everywhere. Nowadays, practically everyone is a computer user, and many people are even computer programmers. Getting computers to do what you want them to do requires intensive hands-on experience. But computer science can be seen on a higher level, as a science of problem solving. Computer scientists must be adept at modeling and analyzing problems. They must also be able to design solutions and verify that they are correct. Problem solving requires precision, creativity, and careful reasoning. Computer science also has strong connections to other disciplines. Many problems in science, engineering, health care, business, and other areas can be solved effectively with computers, but finding a solution requires both computer science expertise and knowledge of the particular application domain. Thus, computer scientists often become proficient in other subjects.

COMPANY PROFILE
ABOUT CONNECT TECHNOLOGIES LIMITED
In 1986, the founder had a dream and the urge to deploy Information Technology Solutions and participate actively in the Nigerian Economy. His mission then, was to exploit the untapped resources of the nation’s Information Technology (IT) Industry. With over 100 man-years cognate professional exposure fused in, Connect Technologies Limited was in 2000 incorporated as a leading specialist IT Solutions Provider.
GOAL
“Our clients’ success is our growth”
MISSION STATEMENT
Connect Technologies Limited is dedicated to accomplishment of its vision and mission by applying the following ‘value chain’ approach:
Customer Focus – Customer First Philosophy: We will work diligently to understand our clients’ IT needs, and strive to meet or exceed their expectations, using the best practice approach.
Our People – Connect Technologies’ Management Team is its greatest asset. The Team understands the Nigerian IT needs and challenges in the competitive global economy.
Commitment – To provide the highest level of commitment to quality service and products to our customers.
CAPABILITY STATEMENT – EXPERIENCE
Connect Technologies’ entry into the information technology industry is backed with more than 100 man-years of cognate and relevant professional experience of its leading practitioners.
Connect Technologies’ professional and managerial manpower base, no doubt, represents one of the best in the industry today. Working in collaboration with our technical partners in Nigeria, Asia–India, Europe and the USA, we possess the capability to design, supply, install LAN-based/multi-tier Application Software, train, and maintain complex information technology systems, both domestic and overseas.
VISION
“To be and remain a leading IT Solutions Provider with capabilities to innovate and deliver functional hi-tech Software projects with maximum benefits to all clients.”
Our concept of customer satisfaction is derived from the fact that we aspire to reduce our implementation downtime to the barest minimum while increasing our clients’ productivity at least cost to them.
PROFESSIONAL SERVICES
Connect Technologies practice and carry on the business of Informatics and Information with particular reference to all related activities and trade in the Information and Communications Technology (ICT) industries and services – involving Software Development and Hardware configuration solutions.
The core service is focused on business of design, and development of Information Technology Knowledge Infrastructure projects with particular reference to the design of Application Software and Solutions and interfacing them with Local Information Infrastructure (LII), National Information Infrastructure (NII) and Global Information Infrastructure (GII).
As professional IT trainers, Connect Technologies’ organizes and manages special I.T Seminars, Workshops and Conferences for corporate organizations – especially the banking industry for the purpose of upgrading the knowledge and operational expertise of Informatics Technology.
The customized training embraces in-house training on Information Technology and Communications Technology – especially Internet Development and Operation Training.
CORE COMPETENCE
Capabilities:
Design, automate, Integrate, Support and Manage complex technology-driven Application Software systems – Our Solutions are 100% indigenous effort.
Human Resources
Highly skilled Software Development & Implementation Team
Solutions & Services
LAN Groupware Applications and Solutions
Internet Solutions & Web Portal Design
Design and Installation of Local & Wide Area Networks
Offshore Software Project Development
Technical Training
Facilities Management
Project Management
EXPERTISE
Connect Technologies Limited has strong foundation in Infrastructural, Financial, Technical, Product and Marketing Resources. Today, this expertise in Retail Banking Consultancy, Software Development, Networking and other services will benefit major banks and business organizations all over the country.
CONNECT TECHNOLOGIES SOLUTIONS
EPortal Solutions
Enterprise eGovernment Operation Solutions
Enterprise Educational Portal Solutions
Enterprise Business Intelligent Solutions
Enterprise Campus-wide Knowledge Solutions
Enterprise Recruitment Solutions
Enterprise Cooperative Financial (CoopFinance)
Web-based Financial Application designed to automate all Cooperative activities from Member Registration, Savings & Loan Application, Approval Process and Repayment Processes, Journal Posting, Account Management, Pool Fund Management, Payable & Receivables (Members & Third Party).
Enterprise Banker (CT2001)
Banking software specially designed to automate all banking activities, from banking needs of retail customers, routine banking needs of investments and trade-finance activities to full activity report summary.
Enterprise Stock Master
Stock Application targeted towards mid-ranged stock and Stock Brokerage, Financial and Investment Houses in its scope. It is specially designed to automate all stock activities, from shareholder registration of clients and stock needs of investments and trade-finance activities to full activity report summary.
Enterprise Inventory/Payment System
Enterprise Manufacturing and Inventory System is designed to optimize the efficiency of Trading/Sales Network, Sales Warehouses and Manufacturing capability. It is a complete Manufacturing/Inventory System [With Customer Support System, Financial Management System, Inventory Control System] [Including Sales, Purchase, Bills Receivable and Payable, Income and Expense maintenance]
With various useful Reports.
Money Transfer Management Systems
MTMS, version CT2003 is a full Multi-Currency Solution targeted towards commercial banks, Merchant banks, Savings and Loans, Financial, Passenger Traffic Systems and Investment Houses. It is specially designed to automate all online money transfer activities, from sending and receiving of money to reconciliation of accounts and full activity report summary. The Application is secure and reliable.
Digital Image / Account Security System
Digital Image / Account Security System is an application designed to monitor customer’s accounts and provide adequate Account Security through Digital Image Capturing and Confidential Data Protection.
MAJOR PROJECT REFERENCES
S/N
Client
Nature of Project
Status
1
NITDA
Supply of e-Learning Application System to RITC
Completed
2
NITDA
ICT Consultancy on Development of Computer Network Security Standards Completed
3
NITDA
Part of Consortium of ICT Consultants that developed Framework Architecture and Standards for e-Government Applications Completed
4
Shell-East Cooperative Investment Limited, PH
IT Financial Consultant, Deployment and Implementation of Enterprise Cooperative Financials Software Completed and is being supported
5
NITDA
ICT Consultancy & Implementation of eGovernment Project for Federal Government Completed
6
NITDA
e-Government Workflow PS-NET Pilot Application deployed at FMST, Presidency, National Assembly, Finance Ministry, BOF (Budgets Office), Civil Service Commission, EFCC, PARP and Ministry of Education Completed
7
Akwa-Ibom State Government
ICT Consultancy on SIT Park Project
Completed
8
Trithel International Consulting
E-Business Solutions (e-commerce portal)
Completed
9
Akwa Savings & Loan – Uyo, Unical Community Bank – Calabar, Olomi Community Bank – Ibadan, Karakata Investment Limited – Ogbomosho, Aniocha Community Bank etc Deployment of our Enterprise Banker Completed and is being supported
10
Riggs Securities, Lagos
Deployment of our Enterprise Stock Master Solutions
Completed
11
Toyota Nigeria Limited
E-Business Solutions
Completed
12
Henrich Boll Foundation, Socio Economic Rights Initiative, NOTAP (National Office for Technology Acquisition and Promotion), ITAN (Information Technology Association of Nigeria)
13
SIM Registration with Chams Plc
Completed
PROFILE OF KEY PERSONNEL
CHRIS UWAJE (FNCS, FIAP)
Born in Lagos, Nigeria, 4th August, 1951, Christopher Uwaje (FNCS, FIAP) is the Principal Consultant, Chief Software Architect and Chief Executive Officer: Connect Technologies Limited–CTL. He is the Originator/Pioneer of National Information Technology Policy for Nigeria. Guest Student on Informatics, University of Hamburg, Graduate of Informatics, British Institute of Engineering Technology and Control Data Institute, Frankfurt, Germany.
Post Graduate Qualifications.
Over Three Decades of on-the-job IT Practice as Computer Scientist – Spread across three continents (Europe/Africa and America), specializing in IT-Strategy Consulting – incorporating SIT Park project conceptualization, design, implementation, project management and Technical Support. Software Engineering Solutions; Research, Design and Development (RD&D). Special Professional focus: National & Regional IT Policy; Coordinating Chairman, Council for West Africa Information Technology Professionals (CWAITP). Immediate Past President of Information Technology Association of Nigeria (ITAN) and 1St Vice President of Institute of Software Practitioners Association of Nigeria (ISPON). Member, National Inter-Ministerial Committee on Software development.
PROFESSIONAL CREDENTIALS AND ASSOCIATIONS
Graduate of Informatics, British Institute of Engineering Technology and Control Data Institute, Frankfurt, Germany. Post Graduate Qualifications. IMMEDIATE-PAST PRESIDENT: INFORMATION TECHNOLOGY ASSOCIATION OF NIGERIA (ITAN) IMMEDIATE PAST PRESIDENT: INSTITUTE OF SOFTWARE PRACTITIONERS OF NIGERIA (ISPON) FELLOW NIGERA COMPUTER SOCIETY NCS)
FELLOW: INSTITUTE OF ANALYSTS AND PROGRAMMERS. U.K.
FELLOW: INSTITUTE OF CERTIFIED PROFESSIONAL OF U.K.
MEMBER: COMPUTER PROFESSIONAL REGISTRATION COUNCIL OF NIGERIA.(CPN) MEMBER: INSTITUTE OF MANAGEMENT SPECIALIST, BRITAIN.
PAST PRESIDENT: ROTARY INTERNATIONAL DISTRICT 9110, NIGERIA.
OLUYINKA TANIMOWO
Born on March 14th 1971 in Abeokuta, Ogun State, Nigeria. Happily married with two lovely daughters and one handsome boy.
B. SC (Hons), Computer Science (First Class Honours) from University of Benin, Benin-City, Edo State (1993)
AWARDS
Best graduating student in Faculty of Science during 1992/1993 Academic Session Best student in Computer Science during 1992/93 Session
Best student in Computer Science during 1991/92 Session
Nigerian Breweries PLC, Prize Winner, 1991/92 Session
Best student in Computer Science during 1990/91 Session
Best Student in Mathematics. 1988 (Secondary School)
EXPERIENCE – SUMMARY
Over 10 years of active Software Development.
Hardware/OS Platforms: Have worked on various platforms that range from DOS, Windows 3.x, Windows 95/98, NT/Win 2000, Advanced Server 2002 and higher, Windows XP. Software/Internet Technologies: Experienced with the following: VB.Net, ASP. Net, C#, Visual C/C++, MFC, ActiveX Controls, Visual Basic, HTML, ASP, DHTML, VB Script, JavaScript, XML, CGI, JAVA, Windows NT, Client/Server Software Development, TCP/IP, ODBC, MS SQL Server, COBOL, MS Visual SourceSafe. Others: Object-Oriented Analysis & Design (OOA & D), UML, Rational Rose & Requirement Analysis.
CHAPTER ONE
INTRODUCTION
Therefore, students most especially in higher institution of learning are expected to have an Industrial Training experience in order to improve their practical skills in their different course of study and also be computer literate.
1.1 Industrial Training Program.
Industrial Training program provides pre-professional work experience with specific assignments and responsibilities.
An Industrial Training should be relevant to a student’s personal career interests and academic courses of study, serving as a bridge between university and the world of work.
Productive Industrial Trainings help students to make informed decisions and improve their marketability after graduation.
1.2 Objectives of Industrial Training.
To provide avenue for students in higher institution of learning acquire industrial skills and experience in their various course of study.
To prepare students for work situation they are likely to meet after graduation.
To expose students to work methods and techniques in handling equipment and machinery that may not be available in the University.
To make transition from University to the world of work easier and thus enhance contests for later job placements.
To provide students with an opportunity to apply their theoretical knowledge in real work situation, thereby bridging the gap between University work and actual practice.
To enlist and strengthen employers’ involvement in the entire educational process of preparing University graduates for employment in the industry.
1.4a Brief History of Connect Technology Ltd.
1.4b Structure of the Company.
1.4c Training Procedure of Connect Technology Ltd.
At Connect Technology Ltd is a perfect mixture of theory and practical works also the implementation of web-based instructions to enable students on Industrial Training get a grip of whatever is taught.
Connect Technology Ltd is a highly organized firm that not only satisfies clients but also ensures that students learn a lot that pertains to their course of study.
1.4d Features of Training Methodologies.
Assignments: At the end of each lecture, students are to do their assignments and submit. Scores maybe awarded to keep check on progress level of students.
Seminars: This is an interactive forum where students including staffs come together to talk about works they have executed, siting the challenges and also make plans for further works or projects.
Textbooks: Students are allowed to go through the firm’s handout and read more pertaining to what has been taught.
Internet: Students are also given the opportunity to go online to read up on different topics, which may not necessarily be what have been discussed at work but must be relevant so as to add more knowledge to the student.
CHAPTER 2
WORK DONE
The first day of work at Connect Technologies Ltd was on the 3rd of August, 2012. I was given an orientation in the company by one of the staff by name Pius Ekeh Junior, he told me of the rules and regulation of the company, showed me around different offices in the company, the services they render to the society, and he also gave a job description, and all that is expected of me during my Industrial Attachment.
I was assigned to the hardware department, where we did jobs like formatting a system unit, ghosting of hard drives, coupling system, changing of damaged motherboard components and repairs of computer if the need arises, among others.
Every Friday, everybody including staffs and IT students are enjoined in a seminar where they are given appraisal on works done during the week, discuss on challenges encountered during the week’s work and plan ahead for further jobs and projects.
Monthly, I assist my colleagues in disk cleanup, disk fragmentation, antivirus update, and also give a well detailed report to the staff in charge of IT (Industrial Training) students.
During the first week, no much work was done since I was new in the company, but as time went on, I was been thought on computer basics, how to use Microsoft, WordPad, Command Prompt, Viruses, Malware, Spyware and how they affect the computer system.
I also learnt on the definition of disks, their different types which are Basic and Dynamic disks, their uses, and how to convert from one form or state to another i.e. converting a disk in its Basic state to a Dynamic disk or from its Dynamic state to a Basic disk.
DISK CLEAN
This is a process where the computer gets rid of irrelevant programs from its
memory. It is used to clear unused files on the hard disk and offers more options than just emptying the recycle bin but also detecting temporary internet files.
Files such as temporal office setups and old restore points can be removed in one operation, this also offers more flexibility for file removal.
To do this Right Click the My Computer Icon
Then Click on Properties
Next Click Disk Cleanup
Tick the items to be removed
Select Yes to confirm deletion
Then Click Ok to finish
By these actions, the files are removed from the hard disk and the spaces occupied are being freed.
RECYCLE BIN
When a file is deleted from the computer, it is not completed deleted from the computer instead it is saved in the Recycle Bin, where it can be restored should in case it was deleted by mistake.
Only when a file is deleted from the Recycle Bin, is it permanently deleted from the computer.
The Recycle Bin should be emptied on a regular basis.
SCAN DISK
This is used to check the integrity of the file systems, also to scan the physical hard disk for bad sectors. These bad sectors can lead to data loss or corruption and this is one of the first signs of falling hard disks.
When bad sectors are detected, Scan Disk attempts to repair these sectors mark them as ‘UNUSABLE’.
GHOSTING
This means creating a clone of its contents so that they may be transferred to a different and larger sized hard disk. It is not strictly the same as copying, but rather a means of accessing files and software without having to go through all the trouble of reinstalling them.
Ghosting is typically done on a computer so as to upgrade it to a larger hard disk. It is also very important to note that when doing this both hard disks should be compatible, in terms model and brand. It is sometimes called
CLONING.
CONFIGURATION OF SYSTEMS
System configuration is the process of setting up the hardware devices and assigning resources to them so that they work together without conflicts.
A properly configured system will allow the user avoid resource conflict problems, and makes it easier for the user to upgrade the system with new equipments in the future.
An improperly configured system will lead to storage errors and problems, and make upgrading very difficult.
Steps in Setting up or Configuration a Computer.
Power on the Computer
On Set up window, choose country or region, time, currency and keyboard layout Click ‘Next’
Accept the license terms required to use your computer
Click ‘Next’
Enter username and password, then choose a default picture for the use account Enter computer name e.g. Helen-pc
Click ‘Next’ and click on ‘Ask me again if any message comes up’ Here set time and date time zone
Finally click on ‘Start’
After configuration of the computer, the user can now allow the window to check the performance of the computer and prepare the desktop.
At this juncture the user can install and download any necessary applications that are needed on the computer.
UPGRADING WINDOWS XP to WINDOWS 7.
It is the same steps taken when configuring a computer; the difference is that during the configuration, the following are done: Insert the OS cd for Windows 7
Restart the computer
When prompted to boot to boot from CD, it any key on the keyboard to proceed Then all the instructions carefully and you will have your Windows XP upgraded to Windows 7 After that install the drivers and applications that are necessary to help the user work conveniently on the computer.
ACTIVATING WINDOWS.
Activating Windows is necessary for Microsoft to know it is a genuine version of the Operating System. It also aids in upgrading any Operating System to any version.
These are the steps required:
Click on the Start button
Right Click on My Computer
Select Properties

Training Key Areas Essay

Success is no longer measures by an organization profit margin. Today big businesses have to account for its success on various levels of group in its organizational achievements, community success, and personal growth in management and employees. Business that implement its resources on diversity, employee growth, and legal requirements not only eliminate unnecessary lawsuits but ensured that the organization is revered as the employer of choice. Diversity training
The development of exceptional diversity training class organizations extends their reach far beyond race, culture, gender, and workplace ethics. Successful diversity training within the organization provides employers with the tolls needed to attract new employees and retain a diversified work place. The implementation of diversified leadership and management training programs provide coaching to assist those skills of the individuals, thus creating exceptional employer and employee relationships. These training programs increase the organization abilities to grow, and reduces complaints as well as lawsuits filed with the Equal Employment Opportunity Commission (EEOC) for violation against the Civil Rights Act. The implementation of the Civil Rights act title VII prohibits employment discrimination based on race, color, religion, sex, and national origin (EEOC., n.d.).
The needs and requirements for training within an organization ensure that all employees are present. Women, minorities, seniors, and disable worker are treated equally and all material presented in the training is not offensive in its contents. Lastly organizations that incorrectly report its training sessions as an expense or reporting reimbursement as income can harm the organization in the form of lawsuits as well as damage its reputation (Noe, R. A., 2008). Employee growth
Organization that successful establish diversity training promote employee growth. These men and women participate in continued education courses, career development, and counseling services that lead to promotions and internal career advancement. The continued success of managers and hourly employees advancing to salary position produces a rippled affect as managers’ provide insight to the organizations goals. Mangers begin work more closely with employers to coach, mentor, and provide insight into desired qualities that he or she may possessed but require training to develop them further. The end result is a reduction in stress increased productivity, increase in self-esteem, and a reduction in turnovers. Kraft foods and other large organization upon establishing this kind of employee training have developed life long relationship with employees by implementing recognition programs and service awards for safety as well as years employed. Legal requirements
According to Noe, (2008) the different situations that can result in legal action against the organization include: Failure to meet training requirement, employee sustaining an injury during training or an injury outside of a training session. A Breach of confidentiality or defamation against an employee by an employer is also punishable by law and entitles the employee to punitive damages as a result of insult or injury to his or her character. It is also vital that organizations using or recopying copyrighted material within its training classes obtain permission as this is illegal and punishable by law. Businesses have to maintain and abide by federal and state regulations as well as local laws as these may permit or limit the amount of hours required by laws to maintain its status as a Limited liability company (LLC). Organizations established under an LLC must maintain a record and keep track of the hours spent on training as well as an accurate account of all employees attending these training sessions.
Whether the business or organization is a sole proprietorship, corporation or a limited liability company a superior legal advisor or team can only strengthen it effort for continued success and growth. The relationship between legal advisor and a team of lawyers is beneficial as he or she is well versed in the business goals and adjectives. He or she can provide influential perspectives on opportunities that may present themselves in the future that could harm or improve an organizations business or its reputation. A solid relationship between employer and legal advisor also ensure that an employer is knowledgeable of the laws in other states and acts accordingly as the laws vary from state to state. Results from all three key factors
The continued evolution of business and equal employment laws has shape the way business is conducted. Employers have to work within the laws established as they work to become successful. Creating a work environment open to diversity enable to the company and employees to experience and develop respect for its fellow worker. Diversity within the workplace mean organization with federal contracts will continue to reap benefit and continued business as long as workplace diversity of women, and minorities met the guidelines imposed. Organizations that implement the guidelines of the Civil Rights act open the door to new hiring possibilities, knowledge, and untapped skills ensuring a brighter future for company and employees.
Successful diversity of the workplace enables organizations to gain new talents and skills from an untapped resource. The push for employers to acknowledge women, minorities, and those with disabilities as viable asset only enhances the continued success of the organization growth. Another plus for organization is the elimination of legal action implement from the lack of diversity within the workplace. Public sector organizations stand to lose more than their reputation when the organization lack diversity they also forfeit federal contracts that are valued to be worth millions of dollars. Though the road travels is different for all business larger or small the fact that diversity, employee growth, and legal requirements shaped how companies conducted business.
Reference
Title Vii of the civil rights act of 1964, retrieved from, Usa.Gov http://www.eeoc.gov/laws/statutes/titlevii.cfm
Noe, R. A. (2008). Employee Training and Development (4th Ed.). New York: McGraw Hill. Blanchard, P. N., & Thacker, J.W. (2007). Effective Training Systems, Strategies, and Practices (3rd Ed.). Retrieved from The University
of Phoenix eBook Collection.

All Agreements Are Contracts Essay

1. Introduction
Dear students, welcome to the lecture series on Business Regulatory Frame Work. Today we are going to discuss the Indian Contract Act 1872. Before I start my discussion on the contract, I would like to make you aware that the Indian Contract Act 1872 came enforced on the 1st day of the September 1872. It is applicable to whole of the country except the State Jammu & Kashmir. The course related to the law is designed to impart the knowledge to the student so that they are acquaint with the general principles of the law. As you know in our day to day life we come across number of contracts but we are not aware about them. When we board a bus or when we go to see a movie or we lend away book to our friend or when we are depositing the luggage in the railway clock room, the law comes in the picture without understanding the law we will not be able to understand what are the rights and the obligation granted to the individuals. The objective of this course is to provide a brief idea about the frame work of the Indian Business Law.
2. Agreement and Contract
Now we will start our discussion on the Indian Contract Act. First of all we should understand what is a contract? Apart from the legal definition if we generally understand the word Contract then we can say that a contract comes into the picture when there is an agreement and when the agreement become enforceable it become a contract. There are two words Agreement and Contract. What is an agreement? Agreement itself comes in the picture when there is an offer and acceptance. Now again if we go into the details of this offer and acceptance then we find that offer is an expression of the desire by one party in front of the other party to do something or not to do something is an offer. Suppose ‘A’ says to the ‘B’ that I would like to sell my car to you in fifty thousand rupees, will you buy? Now here ‘A’ is expressing his desire to the ‘B’ to sell his car so that ‘B’ buy’s it. So offer has to be there and in that offer if there is an acceptance then it becomes an agreement and suppose in the same example ‘B’ says that YES he would like to Page 1 of 9 buy the car of the ‘A’ then it becomes an agreement. Now when there is an offer and acceptance in a contract it becomes an agreement.
So after studying or analysing how agreement comes into the picture we move on to understand what is a contract? Now to reach at the level of the contract we have to add or we have to incorporate enforceability into it, the law says that until and unless an agreement is not enforceable, it cannot become a contract and to make it enforceable we have to add to certain essentials of a valid contract which are explained in the Section-10 of the Indian Contract Act, 1872.
Without enforceability it will simply remain an agreement it cannot become a contract. So in other words we can say to reach at the level of the contract we must have on the one hand agreement and on the other hand we must have enforceability into it and then it will reach at the level of the contract or it will become a contract. If I say all agreements are not contract but all contracts are agreement because all agreement cannot reach at the stage of the contract because if an agreement is not enforceable in spite of having number of the element of enforceability into it. If it is lacking one element of enforceability, it cannot reach the stage of the contract.
Now just to make it a very simple. If I say that you are the student of the B.Com Part-I and if I say that you will become a graduate one day, there is no certainty into it. A student in the part 1 will definitely be a graduate there is no certainty because he may drop the studies in between or he may decide to quit but whomsoever is a graduate or if a student is a B.Com then automatically I will say that he has completed B.Com. Part I. So a student who is B.Com Part I need not to be necessarily be a graduate one day but whomsoever is a graduate was definitely was in B.Com Part I.
Meaning thereby, if I relate, B.Com Part 1, with an agreement and B.Com itself, with a contract. There is a gap between the two like an agreement has to be converted into the contract with enforceability. We had to add the essential elements in a contract and then it will become a contract. Similarly a student has to pass B.Com Part I, he has to pass B.Com Part II and then he has to pass B.Com Part III or the final year examination then he will become a graduate. If somewhere in between if he leaves the studies or quit the studies, he cannot become a graduate. So we can say all contracts are agreement but all agreements are not contract.
3. Definitions of Agreement and Contract
Now I would like to give you the definition of the contract which have been defined in the law. The term contract is defined in section 2(h) of the Indian Contract Act which reads as under:
“An Agreement enforceable by law is a contract”.
Now if we analyse the definition we find that whatever I have explained to you earlier is covered in this definition and if we go by the definition of agreement given in the section 2(e) – “Every promise and every set of promises is forming the consideration for each other is an agreement.”
Now if we analyse this
definition and I have explained it earlier that agreement or the promise consist of two things offer and acceptance. Let us see the some definition given by the thinkers. Definition given by Mr. Polak “Every agreement and promise enforceable at law is a contract” and Sir Salmond has defined “a contract is an agreement creating and defining obligation between the parties. If we analyse the definition given by eminent jurist and the definition given in the Indian Contract Act, we reach on this conclusion that to make an agreement enforceable and then we can enter into a contract. Now the question arises that what are those things which can make an agreement enforceable in the eye of law. Since, we have studied the portion of the agreement very well, that it is made up of two things offer and acceptance. Offer is the expression of the desire by the one party in front of the other party to give an assent and acceptance is the assent given on the offer. 4. Enforceability in an Agreement
Now we will move on to the points which bring the enforceability in the agreement and if the enforceability is added it is included it will constitute along with an agreement it will constitute a contract. The first and foremost point which we had discussed is that there has to be an offer and there has to be an acceptance. As you know very well that without two parties or more than two parties we cannot enter into a contract. So in a contract there has to be more than two parties and one party will make an offer to the other party. The other party will give an acceptance on it. This is the fundamental essential to convert or to bring the enforceability in agreement. The second important essential element is that there has to be a free consent between both the parties. Now this particular word free consent is made up of two words consent and it should be free.
As I mentioned that each element will be dealt by me later on in great detail therefore I am providing you the brief introduction of these elements. The consent is the meeting of the mind and both the parties agree upon the same thing in a same sense it is said that there is a consent. But it will be free provided it is not caused by or provided the consent is not obtained by cohesion, undue influence, fraud and misrepresentation. In very simple line I will explain coercion meaning thereby if one party forcibly compelling the other party to enter into the contract it is said that coercion has been applied on the other party. For example A by threatening to kill him enters into a contract with him it is said that A has entered into a contract with the B by coercion.
Undue influence, whenever there is undue influence, one party is always in a stronger position and other party is always at a weaker position. The stronger party morally pressurised the weaker party to enter into the contract and weaker party enters into the contract without the free will. It is said the undue influence has been exercised. What is the fraud? The fraud means when one party intentionally or deliberately or with the intention to cheat the other party, to deceive the other party, enters into the contract it is said that fraud has been exercised by the party and misrepresentation meaning thereby, a statement which is not true but the party making it believe it to be true it is said that misrepresentation have taken place so if we have got the four element if the consent is called by these four element it is said that it is not a free consent and contract enter into by the party without free consent even not having enforceability remember we are now dealing with those point which will bring the enforceability with the agreement so that it become a contract.
We are here studying the point which will take the agreement to the contract. These points I am discussing, again I am repeating in very very brief manner. The another point which is very important to bring the enforceability is the parties should be competent to enter into the contract. Without going into the details if we say all parties are competent to enter into the contract except the three parties, if we exclude these three parties from the agreement there will be enforceability so that agreement will become a contract and these parties are if the contract is enter into by the minors and minor is a person who is not having age of 18 if the contract has been enter into by the person of unsound mind it is said that it is not enforceable he is not competent to enter into the contract and if the people debar by law if they enter into the contract since they do not have capacity to enter into the contract it cannot become a contract and they don’t have capacity to enter into the contract. Therefore if we say, if these three people are present in any agreement that agreement cannot become a contract and except these three people if any person enter into the contract that agreement will have enforceability.
5. Lawful Object and Consideration
Now I move on to another point that is known as the object of the agreement should be lawful and the consideration which is given should also be lawful. There are two things, object of the contract should be lawful as well as the consideration given to achieve the object should also be lawful. First of all I will take up what do we mean by consideration. Consideration the law says is that something in exchange like if you go to the market to buy 1 kg sugar you give 35 rupees to the shopkeeper and the shopkeeper gives you 1kg sugar.
For the shopkeeper, 35 rupees is a consideration and for you, sugar is a consideration. So there is an exchange between the two parties therefore there has to be a consideration but the consideration should be lawful and object of the contract should also be lawful. Now law says what is lawful object? and what is lawful consideration? In the Law has not defined in a positive manner, law have defined that what is unlawful. If the law says if any object and consideration does not fall within these lines then it is automatically lawful object and lawful consideration.
Meaning thereby, we go negatively to explain what is the lawful object? And what is the lawful consideration? Now suppose, ‘A’ says to the ‘B’ that if you will kill the ‘C’ I will give fifty thousand rupees. Now in this example when ‘A’ says to the ‘B’ to kill the ‘C’, the object is not lawful as well as the consideration which is decided to kill the ‘C’ is also not lawful. Therefore the object of the contract should be lawful but I will mention certain points which are declared by the law that they are treated as unlawful therefore they are not applicable or they don’t have any validity in the eye of law. Number one is If it is fraudulent the object of the contract is to do some fraud then it will be treated as the object of the contract is not lawful. For example if ‘A’, ‘B’ and ‘C’ together decide and cheat the ‘D’ they make a plan to cheat ‘D’ or to play a fraud with the ‘D’ it is unlawful and object of the ‘A’, ‘B’ and ‘C’ of the plan is unlawful.
6. Objects Forbidden by Law
If the object of the contract is forbidden by law, when we say it is forbidden by law meaning thereby the law does not permit that if the object of the contract is forbidden by law then it will not be treated as a point of enforceability in an agreement. For example if ‘A’ having a living married wife enters into a contract to marry another lady. Now here in this example the object of the contract is forbidden by law and if we dwell upon we will find that it is written in the Hindu law that a person if he is having a married wife living with him cannot marry the another lady. So if the object is forbidden by either by the law or by the state legislation or by the Central Government if they have enacted any law and if it is forbidden and if we try to enters into a contract which is forbidden by law that will be treated as unlawful object.
The next point in the unlawful object and consideration is that if the object is permitted it will defeat the provisions of the some other law and if we take the example we find that suppose in a company it is mentioned that a person if he comes to attend a meeting he will be given 125 rupees for example as a remuneration to attend the meeting and 25 rupees as a allowance. Now if we are giving the allowance with an intention to evade the income tax then it will be treated that object of giving the 25 rupees with an intention of evading the income tax then we can say here also the object of the contract is not lawful and if it is injurious to the other party.
If two parties enter into the contract to injure somebody that object is also unlawful and if the object of the contract is immoral. Now the definition of the morality will depend upon the standard of the society but yet if we are promoting the prostitution, that is considered as to be an immoral and if the two parties enters into the contract which promotes the prostitution, that object of the contract is also unlawful but last but not the least heading in the unlawful object and consideration is that it should not be against the public policy. Now public policy is a very wide term. Public policy has been defined by different is always a situational. eminent jurist in different manner it
Whatever is suitable according to the standard of the society can be included in the heading of the public policy. We sometime call it that public policy is unruly horse. We can include any heading in the public policy. Like, for example recently the Supreme Court has given a judgement in which they have specifically mentioned that no construction activity will take place in Bombay and other parts of the country after 10 O’clock in the night. Now this decision has been given in the interest of the public policy. If you recall there is a judgement that during the Navratras the dandiyas are not allowed after 10 o’clock in certain states except Gujarat because the Gharba is the festival of the Gujarat. Dandiya is played during that particular period with the great enthusiasm in the Gujarat because it has got an origin in the Gujarat. It originated from the Gujarat.
So except Gujarat the Dandiyas will not be played in other part of the country after 10 o’clock. This decision is given in the interest of the public policy. So public policy is a very wider term. Yet we have decided certain heads which are included in the public policy. First is trading with enemy, second is trafficking in the public offices, third is interference with administration of justice, fourth is marriage brokerage contracts, fifth is agreement tending to create interest oppose to duty, sixth agreement in restrain of parental right, seventh agreement restricting personal liberty and the last but not the least is the agreement to commit a crime. So the object of the contract should be lawful and in this point we had studied that what is lawful and it has not been explained but what is unlawful it has been explained.
7. Agreement should not be Declared Void
Now we move on to another element which bring the enforceability in an agreement.
The heading of that element is that an agreement should not be specifically declared void. In the law of contract there are certain agreements which are declared by law that they are the void and they cannot be at any rate be converted into the contract and as we know void agreements are the void from the very beginning. They cannot be converted into the contract, they are not enforceable they have no value in the eyes of law. Now for your convenience I will mention the headings of the void agreements. The first and the foremost is agreements by person who are not competent to contract (Section-11), agreement under a mutual mistake of fact material to agreement (Section-20), agreement with unlawful consideration or object (Section-23), agreement, the consideration or object of which is unlawful in part (Section-24), agreements without consideration (Section-25), agreement in restrain of marriage (Section-26), agreements in restraint of trade (Section-27), agreements in restrain of legal proceedings (Section-28), agreement, the meaning of which is uncertain (Section29), wagering agreement (Section-30) and agreement to do impossible act (Section-56). If we look at the list we find that any agreement which is falling under these categories or under any of these categories will be known as the void agreement it cannot be converted into the contract.
If I move on to another
element of the enforceability and that is the agreement must be certain. When we say the agreement must be certain meaning thereby when offer is made to another party it should have the element of certainty. It should not be weigh. The acceptor or the promisee should not derive the different meaning out of it or it should not be confusing also. For example if ‘A’ says to the ‘B’ that he would like to sell the fifty tins of the oil. Now this offer by ‘A’ to the ‘B’ is uncertain. It is not giving meaning, which oil he would like to sell to ‘B’. Is he would like to sell the coconut oil or he would like to sell the mustard oil. He has not mentioned it, therefore, in agreement which is expressed or agreement which is given to the other party should be certain and the last point to bring the enforceability is known as that performance of the agreement should not be impossible. For a very simple example if a girl says to a boy that you bring the stars from the sky and then I will marry you.
It is impossible act.
It can not be converted into the contract it is lacking the enforceability because we know we can not bring the stars from the sky. If ‘A’ says to the ‘B’ that I will give you 1 lakh rupees if you join the two parallel lines, we know two parallel lines do not meet.
Another example is if ‘A’ says to ‘B’ that he will show the ‘B’ the hidden treasure by magic then it is also an impossible act because by magic we cannot show the hidden treasure. Therefore, these are the elements which has been explained to you if they are available in toto, if they are available as it is in an agreement then it will become a contract. If one single essential element of this is absent or one essential element of the valid contract is absent or missing then it cannot become a contract that agreement will simply remain an agreement because it is lacking one of the essential element of enforceability. Therefore to reach at the level of the contract we have to fulfil all these requirements.
Therefore we say all contracts are agreement but all agreements are not contract because to travel at the stage of the contract, to reach at the stage of the contract we had to have these elements.