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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.

Court History and Purpose Paper Essay

The Superior Court of Los Angeles County is the largest single unified court in the United States. This court serves over 40 courthouses and operates about 600 courtrooms and staffs approximately 5,400 employees. The Municipal court is devoted to resolving and recording legal matters while upholding values of Integrity, Accessibility, and fairness. Growing up in Los Angeles has always fascinated me with how the court system processes so many criminals in the amount of time they have, with the amount of employees they staff. How do they do it (Hansen, 1998)? The traffic court handles cases that start off with citations or tickets written by a law enforcement officer. Parking tickets are not process at traffic division courts, only by local city or Los Angeles Parking Violations Bureau. Driving Under the Influence (DUI) cases are handled in criminal court division.
When cases the State has filed against one or more persons involved in criminal offenses such as, infractions, felonies, and misdemeanors the criminal court handles these cases. Criminal division also handles warrants, fugitive warrants and extradition proceedings, and grand jury indictments. The policy makers of the U.S. Constitution requested that the federal government have limited power, to regulate the kind of cases federal courts would have. Most of the laws that are passed are decided by usually the state which allows the state court to handle most disputes that govern our lives on day to day bases. The federal courts defend our freedom of speech and our equal protection under the law. Federalism is the significant idea of a government dividing the power amongst a national government and a state or regional government. State courts primarily handle all cases that the federal court will not take.
When federal courts portray federal laws, state court interprets a state law which is called “General Jurisdiction”. The federal court system only hears special cases under certain circumstances. Basically, the federal court hear two types of cases; those that raise a “federal question” and those that involving “diversity of citizenship” (Gray, Ritter & Graham, 2012). A common law legal system is a system of law identified by case law which is developed by judges through decisions of courts and similar tribunals. Common law systems also include images enacted by legislative frame. In comparison to common law systems, civil law systems are created on a set of legal codes, which are organized laws that pursue to cover exhaustively the various legal domains. It is characterized by an absence of precedent in the judicial application of these codes. Common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean. By contrast, in the civil law jurisdictions the legal tradition that prevails or is combined with common law is statured.
The criminal justice system is made up of sets of agencies and processes that are established by governments to control crime and impose penalties on those who violate the law. The criminal justice system operates differently depending on the jurisdiction it is in charge of, whether it be city, county, state, federal or tribal government or military installation. Different jurisdictions have various laws, agencies, and ways of managing the criminal justice process. The justice system is the mechanism that upholds the rule of the law. The courts provide a forum to resolve disputes and to test and enforce laws in a fair and rational manner.
The courts are an impartial forum, and judges are free to apply the law without regard to the government’s wishes or the weight of the public’s opinion. Court decisions are based on what the law says and what the evidence proves. There is no place in the courts for suspicion, bias or favoritism. This is why justice is often symbolized as a blindfolded figure balancing a set of scales, oblivious to anything that could detract from the pursuit of an outcome that is just and fair. Though a number of rights derived from the Constitution protect the accused from abuses and overreaching from law enforcement officers, the arguably most important of these rights are the Miranda advisement and the Fourth Amendment prohibition against unreasonable searches and seizures.
References
http://en.wikipedia.org/wiki/Los_Angeles_County_Superior_Court http://judiciallearningcenter.org/state-courts-vs-federal-courts

Where Are Women’s Ethical Rights to Equality? Essay

Women earn 77 percent of what men earn for the same job (Edmonds, 2014). That equals about .77 cents of every dollar that a man earns. We as women are losing 23 cents just because we are women. I have chosen to write about women’s equality using the utilitarian and deontology ethical theories. The world today is a much different world to live in for women, yet it is much the same in other countries as it has been for centuries. Even if they have so many other obstacles to overcome, woman still find a way to prevail. Woman still get the short end of the stick most days with lower income than men, inadequate training for jobs, losing their jobs because of family obligations and in some instances not even a choice on the size of their families. There are so many unethical practices that are used in some woman’s lives. If a woman is to say she was raped, the questions the authorities may ask do not always support the woman’s claims. The authorities will question her, they may ask her questions based on the type of life she leads, the type of clothes she wears or what type of job she has.
This is not an example of the utilitarian theory but the complete opposite, the authorities should not judge the woman by any of these things, instead they should be looking into the person that committed the crime and help catch this person so that other people are safe. They reply to the cry of rape with what I believe to be the emotivism ethical perspective. It’s a moral issue, if this woman that was raped is a stripper that wears revealing clothing some might say she was asking for the action of rape. However, if a woman that is dressed in a suit and works in a high end job, the first impression of the rape victim is completely different. In most uncivilized countries rape is a natural thing that happens daily. In a war zone, the opposing side will rape women and children for fun and spite (Edmond, 2014). If you are married marital rape is excused, a common practice mostly because women in these countries are trapped in loveless, abusive relationships, due to poverty, where the man forces his wife who despises him to copulate. In other places, rape is only considered rape if you have several male witnesses.
The inequality that society sets upon women is deplorable in many similar situations. Author, Molly Edmonds writes about women in different countries in her article Gender and Sexuality (2014). She states that in Saudi Arabia, women cannot even leave their homes without a man’s permission, drive a car or a bike on public roads or even give birth in a hospital environment. All because they are women and the world would see them without their veils and other men could see their exposed skin. In China and India, through testing parents can choose to abort a girl child or murder it after she is born if a test came back inconclusive or the family could not have the test done, all because males are considered more valuable. It is so common that society has a name for this lost fetuses and infants called “missing woman”. In Chile and Lesotho, women cannot own land without a male family members name on the deed. It has to be a father, brother or husband.
If that male family member dies or leaves the land is lost to the woman and she is considered homeless. All of this inequality has led to a term Feminization of Poverty, when a woman is left without any land, monies or any way of getting a loan to help her family survive. Eventually the woman and her family must sell or move away after they can no longer keep things afloat. In most everyday living situations that Americans are used to things are not this tough for women, however, it is different for woman than men even in our civilized nation. Woman have a strong sense of duty. Whether it be to family, friends or jobs, most women have to or are expected to take care of things. If you are a mother and/or a wife, you have many daily duties to take care of throughout the day. It usually has no bearing on her duties if this woman is a working mom or a stay at home mom. It is normally an expected list of things to be completed. This is an example of the deontology theory.
The expectation of duty and obligation to her family. In return she receives or should receive respect and high dignity in herself and from others. Being a wife and mother you feel responsible for all your child’s keeping and your own house keeping. I think that this is a utilitarian theory example. We do the best for all of those around us, even if it is not the best for ourselves. Edmond also states that girls are the majority of children that miss or quit school. Fathers of these girls believe it is their duty to help out with household chores, help with younger siblings, and even work the fields instead of a boy because the boy receiving an education is more important. Sometimes the father’s will marry off their daughters to improve his family’s situation, so in turn the daughter would not be attending school any longer. Lastly the family may only have enough money to send one child to school and it would always be the boy if there was a boy in the family.
Although women’s equality is important here in the United States, women not men are expected to take care of their children no matter what. According to Paulette Light, co-founder of MomStamp (2013), 43 percent of woman who are highly educated and qualified for amazing careers leave there jobs to raise children. Where are the men in this responsibility? According to several articles I have read through research many men do not feel the obligation to home and children is their obligation. Many of them leave the mother of their children resulting in a high poverty level in woman because they are woman. Stated in an article by Barbara and Shannon Kelley (2011), households that are led by single woman or separated women have a poverty rate of 31.6 percent, compared to a household led by a single or separated male having a poverty level of 15.8 percent.
The United States government needs to follow the ethical theory of utilitarianism and look into equality among men and women. They need to look into how this can benefit everyone and make it about the people. I realize it is a long battle that continues to draw attention from all reporters and government officials, this topic is all over the internet in articles and statistic findings. Woman should not be in such poverty just because they are woman. The controversy that is caused by people saying that woman make less than men is stated as a bogus theory. According to an article in the U.S News by Christina Hoff Sommers, (2014), the president in his Union address stated that woman make “77 cents less for every dollar a man earns”. Ms. Sommers states that this is bogus and “discredited factoid”. In her article she says that it is in fact a lot less of a wage gap at only approximately a 5 cent gap between what men make and what women make.
Why should this even be a matter to discuss, why should woman have any different amount of wage than a man? Another ethical perspective is relativism and with the inequality of woman’s wages to men’s wages personal value should come into play. A woman and a man should be paid for their job based on what the job is. They should also be paid based on their education, experience and time on the job. Gender should not be an issue. If you are a cashier at a grocery store that job should have a base pay, for that job, the same if you are an executive secretary or a chief executive officer of a huge company. The job should have a base pay and your experience should be what you are paid for, not your gender. Woman’s equality is a near and dear topic to every woman. We need to continue the fight that has been ongoing for years. We need to end the 500,000 deaths a year that happen because women are not allowed to leave their homes for childbirth (Edmonds, 2014).
We need to get more women in politics, woman only make up 15.6 percent of parliamentary seats (Edmonds, 2014). Most importantly, we need to make society see that we are just as important to the world in which we live as men are. We can have families that are well taken care of and provide them at the same time. Women should keep raising awareness in their work environment to be able to be moms and working women. There should not have to be a choice whether we be a good mom or a good worker we can do both. Also, we should be asking our spouses for more help, why can’t they stay home with the children if they are sick? Too much responsibility is befallen on women and we hear none of the accolades that we should hear. Questions need to be asked to our current politicians about why we are not paid the same as men, what makes them so much more deserving than woman? If we were to get a woman somewhere in a higher seat of politics would the pay scale change?
On a grim topic, why have the proper authorities investigated the murders of these poor innocent babies in China and India? United Nations state that over 200 million girls are missing from the world because of what they call gendercide (Hatten, 2012). Who has the say in this atrocity of a law that girl babies can be murdered? Thrown in garbage cans, stuffed in pillowcases and thrown in rivers. Hatten states that a woman in India killed eight of her babies all because they were girls. Eight babies! If someone in the United States did that they would be in jail rotting, but this lady is free to roam, have more babies and free to make the choice that their life should end if she deems fit. Seems like they would just have an easier adoption plan in place to get rid of them if they did not want them. There are plenty of people around the world that would love a baby.
In my research I have found one good thing in China to help these children and it is the “baby hatch” program. This program is where families can leave their sick child if they cannot afford medical bills or any other child that they cannot keep, because of another policy in China where families can only have one child. Most of the children left are severely sick, disabled or girls. This brings hope to China to have a place to bring your child if you have no other way. There are 576,000 orphans in the Chinese welfare system. We would not have the liberties that we have if the wonderful women before us had not forged a path for us to learn, grow and continue to fight through. Being a mom, wife, working woman or stay at home mom should be a joy, we should be proud and love what we do. It should not be expected or feel like an obligation.
Unfortunately, society has made this the norm in our lives. For years we have been fighting for our equal rights and I believe that we will be fighting for years to come. It is sad that we will be continuing to earn equality for the rest of our lives and leaving work to still be completed for our daughters and probably granddaughters as well. In my opinion our country would benefit greatly if we were to have a woman president. I think that a woman president would help women in all walks of life, in all cities and in all levels of poverty or well off situations have more equal rights to men. I hope that in my lifetime I will be able to see more severe stance of equality with women it would be a great joy to me to make sure my daughters are allowed more in their lives without having to fight too hard to get there.
References
Edmonds, M. (2014). Gender and Sexuality. Discovery Communications, LLC Retrieved from http://www.discovery.com/tv-shows/curiosity/topics/examples-gender-inequality-around-world.htm on May 14, 2014
Hatten, K. W. (2012). 200 Million Girls Killed in China, Where are the Feminists? Life New.com Retrieved from http://www.lifenews.com/2012/11/02/200-million-girls-killed-in-china-where-are-the-feminists/ on May 14, 2014
Kelly, B & S. (2011, Sept). If the End of Men is Here Why is Female Poverty Up? The Blog, The Huffington Post. Retrieved from http://www.huffingtonpost.com/shannon-kelley/hanna-rosin-end-of-men_b_963455.html on April 30, 2014
Light, P. (2013, Apr). Why 43% of Women with Children leave their Jobs and how to get them Back. The Atlantic, Retrieved from http://www.theatlantic.com/sexes/archive/2013/04/why-43-of-women-with-children-leave-their-jobs-and-how-to-get-them-back/275134/ on April 30, 2014 Reilly, J. (2014, Apr). Anguish of the Mother’s forced to handover their children. Mail Online, Retrieved from http://www.dailymail.co.uk/news/article-2595184/Heartbreaking-moments-parents-say-goodbye-sons-daughters.html on May 14, 2014
Sommers, C.H. (2014, Feb). No, Women Don’t Make Less Money than Men. The Daily Beast Retrieved from http://www.thedailybeast.com/articles/2014/02/01/no-women-don-t-make-less-money-than-men.html on April 30, 2014

Implement a strategy to overcome communication barriers Ess

Barriers to communication can present themselves in many diverse forms. Barriers to communication must be anticipated and avoided, by though-out communication strategies . Evaluating past communication helps see where improvement can be made. If I want to others to be open to me , I have to open myself at first. Moreover ,I have to ensure that the person I am communicating with not only hears but understands the statement I am going to make. To climate barriers in communication I have to be able to identify them and take adequate action . In case of time barriers –I am trying to spend required time for active communication without shearing all of my information hurriedly .
Distraction barriers –I am fully attentive to my talk,
Language barriers-I am making sure that my message is clear without too much medical words or jargon and is comprehensible .
Staffing shortage –(is the most common problem in Health Care setting) as a Manager I have to ensure that right number of staff is provided for every shift .
In case of lower number of staff on duty different way of communication to be used- board ,communication book ,correct handover to be given with relevant information. With the respect of cultural barriers-we are aware that everybody is different ,the care staff have to understand condition (reading care plans) and culture of the client. We are making sure that our policies are up to date and the staff received appropriate training with regard to awareness cultural and religious differences ,holistic and person –centred approach . There are many different strategies which can be used to overcome barriers to communication. One of the important one is a proper relationship with people who use the service it involves listening skills together with appropriate verbal and non-verbal communication:- -smiling –looking eye contact, gentle tone of voice, showing interest ,nodding head slightly when talking “I see”, “ I understand”, “I agree”. It is very important to build an understanding of people we work with in Social and Health Care . People very often will let you know about their preferred way of communication.
All the skills of recognising and overcoming barriers to communication will be useful to avoid situation such as aggression . Reflecting listening skills are vital in order to make the other person feel included . Empathy may come very useful. Try communicating without judging ,instead view situation and responses from the other person perspective. Make people feel welcome ,wanted and valued and appreciated in communication . If you let others know that are valued ,they are more likely to give you their best. Do not say the first thing that comes into your head but instead take a moment and pay close attention to what you say and how you say it. Focus on what you want to communicate. Always aim to communicate on an equal basis and avoid patronising people .
Do not talk about the others behind their back and try not to develop favourites, by treating people equally you will build trust and respect. Encourage open and honest feedback from the receiver to ensure your message is understood . If confidentiality is an issue ,make sure its boundaries are known and ensure is maintained. Learn to troubleshoot and resolve problem and conflict as they arise . Learn how to be effective mediator and negotiator. Encourage and facilitate people to talk to each other. Try not to be judgmental but instead easy the way for conflict resolution. Maintain positive attitude and smile when things do not go to plan, stay optimistic and learn from your mistakes. Some communication scenarios ,by their nature are stressful . Stress can however be a major barrier to effective communication ,all parts should try to remain calm and focused.
As often as possible speak face-to-face ,it will convey much more meaning than over the phone or through e-mail. In this busy world we are rapidly losing the art of conversation ,and mainly because we are using the wrong channel for communicating. Very crucial part of management activities are meetings . Meetings are multipurpose actually . They aim at discussing feedback and receiving feedback on the spot. Meetings involve all people working for the company as well as service users and their relatives . A successful and effective meeting is well planned if about its time, venue and agenda.
They are very productive and creative ,they are giving the opportunity to everyone to present their view. Overcoming the communication barriers requires a vigilant observation and thoughts of potential barriers in a particular instance of communication . Strategies to overcome these barriers will be different in different situation depending upon the barriers present. “To listen closely and replay well is the highest perfection we are able to attain in the art of conversation “-La Rochefoucauld.

Cell phones How have they changed us socially? Essay

Filed under Fall 2013, Story Cycle 4, Features, Opinion, Showcase The short URL of the present article is: http://lhslance.org/bKUbA We live in a world where communication through modern technology is almost required. Everywhere people are texting, emailing, writing blogs and tweeting. It’s hard to go anywhere without seeing someone using a phone or the Internet to connect with others. Can you imagine not being able to check your Twitter, Facebook or messages for a week? We would feel lost. Of course the use of technology can be good. It provides us with faster, more efficient ways to communicate with others, but it can also harm our ability to communicate with people face to face. Many complain that our new digital skills impact our ability to write properly. We look old fashioned on paper. “i nede to ask a?”
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“Cell phones have changed communication because now, instead of friends actually having a face to face conversation, they text each other. This is bad because intent become misinterpreted, which can lead to ‘drama’ and friendship problems. The use of cell phones has affected me because whenever I am in a situation, instead of trying to make a conversation I resort to my cell phone,” Junior Taylor Strahan said. How the message is sent can determine many additional factors as to how the message is interpreted by the receiver. All new information we learn is compared with the knowledge we already have. If it confirms what we already know, we will likely receive the new information accurately, though we may pay little attention to it. If it disputes our previous assumptions or interpretation of the situation, we may distort it in our mind so that it is made to fit our world view, or we may dismiss the information as deceptive, misguided, or simply wrong.
For example, if two people are involved in an escalated conflict, and they each assume that the other is going to be aggressive and hostile, then any ambiguous message will be interpreted as aggressive and hostile, even if it was not intended to be that way at all. Our expectations work as blinders or filters that distort what we see so that it fits our preconceived images of the world. According to pewinternet.org, “a bit more than a third (37%) of social network-using teens said they sent messages to friends every day through the social sites, a drop from the 42% of such teens who said they did so in February of 2008”. Face- to -face communication among children and teenagers is being squashed out by social networks. A phone call isn’t used to get in touch with someone anymore; Facebook and Twitter are the main tools of communication.
The consequences of this are social awkwardness and even social anxiety when confronted with new people to meet in person. A study was done by pewinternet.org among teenagers on social networks, and the amount of communication among teenagers on social networks, and the amount of communication by social network has remained steady. Studies show that homework is interrupted and children become distracted when they receive notifications of a new chat messages, texts, or emails. “Good communication is important because when we are adults and applying for interviews, we won’t know how to have proper communication, which can result in not getting the job. Another thing is kids are so focused on social networking on our phones that we spend less time on school work which causes bad grades. In the future when applying for college, they won’t accept us because we have bad grades and that is due to cell phone use,” Strahan added. 7
Texting has, in many ways, made communication easier by helping people avoid long, unpleasant phone conversations and making a quick “Hello” much easier. According to the Pew Research Center, 72% of teenagers text regularly, and one in three sends more than 100 texts per day. Clearly, texting is the preferred method of communication among young people, and that trend is moving upward toward adults, who are also texting much more frequently. Studies have shown that it makes it difficult for students who rely so heavily on technology to actually communicate to adults in person because they don’t quite develop all of the necessary skills to hold or even start a face-to-face conversation. However, these skills are a crucial tool in the workforce. If you want a high paying, stable job, or possibly even to be admitted to a university, you must have good face-to-face communication skills. If you lack these specific skills you most likely won’t even make it through the interview. “Teens are in the stage of their life where they’re learning so if you don’t learn to have good communication skills, then when you become an adult you will have a harder time asking for help, being proactive with things in your life,” said reading specialist Mrs. Tracey Cassidy.
Students who are constantly texting with abbreviated forms of words have begun to speak with the same acronyms. The now everyday uses of “LOL” and “OMG” have become substitutions for actual emotional responses in conversations. This form of talking is often seen as flighty and uneducated. They’re not only speaking in abbreviated ways but they are also beginning to become distracted during conversations. While texting, it is easy to jump from topic to topic when an idea comes to mind. However, this is causing many students to become unfocused and sidetracked during face to face conversations. “I think that some cell phones have opened up communication for teens 100% because that’s how they communicate with their friends, parents, with their school work. I think it’s fantastic, and that’s what they really rely on, so it is good but some negatives are their communication skills are not as strong as they should be, like talking to other people,” Cassidy added.
“When I was a teen we did not have cell phones or computers. I had a telephone in my room (which was a big deal) it was attached to the wall with a long cord and was then attached to a base so I couldn’t walk around the house and talk on the phone. I had to say in my room for privacy. Before I got my own phone I would use the phone in the kitchen, I would stretch the phone cord as far as I could and then go into a closet for privacy,” parent Barbara Dempster said. “Communication is a way for people to connect with each other and form relationship. It is also a way to gather information from others. I like the variety of ways that people can communicate and keep in touch with one another. I do feel that the importance of face- to- face communication has been impacted by the use of cell phone and texting vs. talking on the phone,” Dempster added. We have become a society that is completely dependent on our technology to communicate with others. It’s almost impossible for us to maintain our social life without using some sort of modern-day technology to communicate.
“In terms of communication, it is harder for teens to communicate face to face with people with maybe teachers, because they’re so used to doing it via email. Sometimes it’s good, meaning if you don’t like a grade you have, you can email the teacher saying you have concerns about your grade. Where if you don’t have an email, you have to talk to your teacher about the grade you don’t like and you might be nervous and uncomfortable because it’s your teacher,” Cassidy said. “I would tell teens that there is a time and place for texting and there is a time when you need to have a conversation either face to face or over the telephone,” said Dempster. “Texting is great when you need to find out information quickly – Are you still coming over? Do you want a soda? Where are you?” Dempster believes other situations require face- to -face like, “When you are joking and it may be difficult for the other person to sense your humor or sarcasm, communication with a teacher or adult. When telling your parents you did something wrong,” Dempster said. According to Pew Research Center, “As technology continues to improve, the use of cell phones continues to change drastically.
The increase over the last ten years has been incredible and the way we use our phones to stay connected and informed continues to change.” “The average American smartphone user spent nearly 30 minutes a day checking or updating social networks. The way we use cell phones has changed drastically over the last year. Once upon a time, we used cell phones to make calls while we were away from our homes. Recent studies show that we may be migrating away from our primary use of the phone to more of a texting and mobile web device.” Research from www.accuconference.com states that in 2012
•53% of adults own a smartphone.
•42% of people have used their phone for entertainment when they are bored.
•51% of users used their cell phone at least once to get information.
•27% said they had trouble doing something because they did not have their phone.
•29% turn off their phones to take a break from their digital life at night.
This article is not to say that mobile phones should be banned due to their many negative aspects. It depends upon us whether we use this technology for our progress and prosperity or for our destruction. No doubt, mobile phone is the best innovation of this era but people should use it in a positive sense.

Practicum report sample for hotel and restaurant management

COLLEGE OF HOSPITALITY MANAGEMENT
HRM 117- OJT in Hotel
BSHM STUDENTS PRACTICUM EVALUATION FORM
Aaron C. Magallon
Student
Front Office – Bell Service
Department and Position
DUSIT THANI MANILA
Cooperating Hotel
PERIOD COVERED: _________________________________
DIRECTION:The statement below represents the expected skills and other personal qualities of HM practicum students. Please rate the trainee accordingly by checking the appropriate box with the corresponding points relative to the acquired knowledge and skills. The five points Liker Scale below will guide in your rating.
POINTS VERBAL INTERPRETATION EVALUATION SCALE GRADE
5 Excellent4.20-5.00 1.00
4Very Good (VG)3.40-4.19 1.25
3 Good (G)2.60-3.39 1.50
2 Fair (F)1.80-2.59 1.75
1 Poor (P)1.00-1.79 2.00
AREA 1: VOCATIONAL / TRADE SKILLS (25%)
5
4
3
2
1
1.1 Quality of work ability to meet Quality of Standards
1.2 Application of acquired knowledge and skills
1.3 Ability to use tools and equipment properly
1.4 Ability of work safety, effectively, and efficiency
Weighted Mean
AREA 2: WORK QUALITIES AND HABITS
5
4
3
2
1
2.1 Industry Personal application to assigned work
2.2 Reliability
2.3 Initiative
2.4 Punctuality
2.5 Ability to follow direction
Weighted Mean
AREA 3: PERSONAL AND SOCIAL QUALITIES
5
4
3
2
1
3.1 Cooperative-ability to work together with other people
3.2 Self-Control ability to control emotions
3.3 Poise-demonstrate level of self-confidence appropriate for the job
3.4 Reaction to advice and constructive criticism
3.5 Willingness to follow direction
3.6 Adaptability-capacity to adjust to new problem and changing situation
Weighted Mean
AREA 4: COMMUNICATION SKILLS
5
4
3
2
1
4.1 Ability in oral communication
4.2 Ability in written communication
4.3 Knowledge of vocabulary related to the job
Weighted Mean
AREA 5: PERSONAL RELATIONSHIP
5
4
3
2
1
5.1 Ability to work harmoniously with co-workers
5.2 Ability to work harmoniously with immediate supervisors
Weighted Mean
COMMENTS:
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
Grand Mean: ________Equivalent Grade: ________
EVALUATOR
Signature over Printed Name
Noted by:
MS. DULCE B. AURELIO
Practicum Coordinator

New competition everywhere Essay

1) Discuss globalization. Identify & define any four major risks that you may perceive during globalization. Identify the challenges that MNC managers face in the 21st century. (1+2+2) 2) Draw the Open System Model for int’l management & briefly discuss the variables for the same. (5) 3) Discuss political risk. Define 7 typical political risk events around the world. Discuss how to asses & manage political risks. (1+2+2) 4) Distinguish between e-business & e-commerce. Discuss technological environment. Discuss the factors affecting the management in the int’l arena. (1+1+3)
1) Discuss CSV. Define human rights & MNC responsibilities. Identify & discuss some code of conducts for CSR. List & define some benefits of CSR in int’l arena. (1+1+1+2) 2) Draw the Moral Philosophy of Cross-cultural Societal Ethics flowchart. Discuss the Relation between ethics & technology. Discuss the characteristics of different types of questionable payments. (1+2+2) 3) Discuss how to manage Subsidiary-Host country interdependence. (5) Ch 03_Role of Culture
1) Define culture. Draw & briefly discuss the diagram for environmental variables that are affecting management functions.(1+4) 2) Discuss societal & organizational cultures. Identify & discuss the Affects of culture on management. (1+4) 3) Identify & discuss the variables that form the subsystems in a society. (5) Ch 04_Communicating across Cultures
1) Draw the communication process diagram & discuss the noise for the same. Define why trust-based relationship is necessary for the success of marketing communication. (2+3) 2) Identify & discuss some cultural variables that influence the perceptions of other nations.

Quiz 3 Questions and Answers Essay

1. You are installing a network card in a computer that has several devices configured. There is a printer on LPT 1, a mouse on COM 1, a modem on COM 2, and a SCSI host adapter occupying IRQ 10. The computer also has a sound card using IRQ
5. If your network card supports IRQs 3 through 5 and 9 through 11, which of the following IRQs could you set it for in this computer?
IRQ7
IRQ3
IRQ10
None of these
IRQ4
IRQ5
2. A 100BaseVG network is build on a ______ topology with all computers attached to a hub
ring
mesh
all of these
star
bus
3. Your network is experiencing heavy traffic and signal attenuation due to long cable distances between computers.
Required Result:
Correct the signal attenuation problem.
Optional Desired Results:
Reduce the broadcast traffic that is present on your network. Filter the network traffic to reduce the number of frames transferred across the network.
Proposed Solution:
Install repeaters between distant segments. Install routers and configure them to filter broadcast traffic. Which results does the proposed solution produce?
The proposed solution produces the required result but does not produce any of the optional desired results.. The proposed solution produces the required result and produces only one of the optional desired results.. The proposed solution does not produce the required result.
The proposed solution produces the required result and produces both of the optional desired results.
None of these
4. In a Token Ring frame the ______ field indicates whether the frame is a token frame or a data frame.
none of these
Access Control
error checking
priority
media type
5. Cables attach the individual clients and serves to the MSAU that works like other ____________ hubs
switch
active
passive
bridge
none of these
6. A token is a special type of ____________ that circulates around a cable ring
data transmission
frame or packet
electrical signals
none of these
serial signals
7. Managing data on a network depends on traffic control. The set of rules that governs how network traffic is controlled is called:
Channels
Layers
Interface
Drivers.
Access Methods.
8. You are considering starting a training company that provides on-site classroom instruction to various businesses. Your service will include a temporary networked classroom environment. Assuming that the facilities do not have pre-installed wiring and that the classroom will use 10 or less computers, which topology would require the least equipment and be the easiest to set up and tear down. [Choose the best answer]
Star.
All of these
Ring.
Mesh
Bus.
9. With the demand-priority access method, the ____________ manage network access by doing round-robin searches for requests to send from all nodes.
none of these
users
routers
gateways
hubs
10. CSMA/CD is known as a ____________ access method because computers on the network compete for an opportunity to send data
poling
parallel
contention
sequential
priority
11. Ethernet can use several communication ____________ including TCP/IP
protocols
data paths
channels
applications
media
12. Typically, the hub of a 10BaseT network serves as a multiport ________.
13. The 100BaseTX topology runs on UTP Category ________ data-grade cable
5
1
2
4
3
14. Because single-segment 10Base2 Ethernet limits would be too confining for a large business, ____________ can be used to join Ethernet segments and extend the network to a total length of 925 meters (about 3035 feet).
none of these
4 repeaters
5 repeaters
2 repeaters
3 repeaters
5-4-3 rule
The thinnet 5-4-3 rule: 5 segments, 4 repeaters, and 3 populated segments 15. Wi-Fi Wireless networks use _________ access method.
Demand priority
Token Bus
CSMA/CA
CSMA/CD
Token Ring
16. Access methods prevent ____________ access to the media.
preemptive
None of these
slow
random
simultaneous
17. A standard ethernet network can combine as many as ____________ cable segments connected by four repeaters, but only three segments can have stations attached.
6
none of these
3
4
5
18. A 10Base5 topology is also referred to as ____________.
standard ethernet
802.3
Thicknet
all of these
19. Token passing is deterministic, meaning that a computer cannot force its way onto the network as it can in a ______ environment
CSMA/CD
Polling
Demand priority
CSMA/CA
Switching
20. Which type of network media-access method do IBM LANs with Multistation Access Units employ?
CSMA/CA.
CSMA/CD
Beaconing
Token passing.
None of these
21. The trailer of a packet contains the destination address
False
True
22. In the IBM implementation of Token Ring, a star-wired ring, the actual physical ring of cable is in the ________.
MSAU
all of these
none of these
hub
Repeater
23. When using the CSMA/CA access method, a computer waits until the network is quiet and then transmits its data. If two computers transmit at the same time, the data will collide and have to be re-sent. If two data packets collide, both will be destroyed.
False.
True
24. Ethernet relies on the ____________ access method to regulate traffic on the main cable segment
CSMA/CA
CSMA/CD
all of these
Token Ring
Demand Priority
25. MSAUs were designed to sense when a ________ fails and to disconnect from it.
Hub
Cable
NIC
Network
Computer CPU
26. Which access method is used, when each computer communicates only with a hub. The hub then controls the flow of data a. CSMA/CD
b. CSMA/CA.
c. Token Bus.
d. Token Ring
e. Demand priority
c only
a only
both c and d
e only
b only
d only
27. With data masses divided into _______, individual transmissions occur more frequently so that every computer on the network has more opportunities to transmit and receive data.
bits
messages
frames or packets
files
bytes
28. In a packet, the header usually contains an error-checking component called a CRC
True
False
29. Which access methods is used, when each computer must wait to receive a token before it can transmit data. Only one computer at a time can use the token. a. CSMA/CD
b. CSMA/CA.
c. Token Bus.
d. Token Ring
e. Demand priority
both c and d
c only
e only
d only
both a and b
30. A Token Ring network is an implementation of IEEE standard ____________.
802.4
802.2
802.11
802.5
802.3
31. Which of the following network access methods sends a signal indicating its intent to transmit data on the wire? [Choose the best answer]
CSMA/CD
Token passing.
Beaconing
CSMA/CA.
None of these
32. If you must configure a network for three mission-critical servers and want to provide a highly fault-tolerant cabling scheme, which topology would you implement? [Choose the best answer]
Star.
Bus.
Mesh
None of these
Ring.
33. With the token-passing access method, only one computer at a time can use the token; therefore, there are no _______.
broadcastings
contentions
collisions
all of these
collisions and contentions
34. A packet (frame) components are grouped into sections: _________.
CRC
data
header
all of these
trailer
35. When an IBM Token Ring network is full, adding another ____________ can enlarge the network
MSAU
all of these
repeater
Hub
36. With CSMA/CD, if there is data on the cable, no other computer may ____________ until the data has reached its destination and the cable is clear again
transmit and receive
none of these
receive
transmit
37. With more traffic on a CSMA/CD network, ____________ tend to increase, slowing the network down
broadcasting
all of these
transmissions
collisions
unicasting
38. Fast Ethernet is another name for the ____________ topology
100BaseX
all of these
100BaseFX
100BaseT4
100BaseT
39. The 10BaseT topology is an Ethernet network that uses _________ cable to connect stations
Coaxial
UTP and STP
STP
UTP
Fiber
40. Packets (Frames) may contain session-control codes, such as error correction, that indicate the need for a ______.
unicast
recall
stop transmission
retransmission
broadcast
41. Your network is experiencing heavy traffic and signal attenuation due to long cable distances between computers.
Required Result:
Correct the signal attenuation problem.
Optional Desired Results:
Reduce the broadcast traffic that is present on your network. Filter the network traffic to reduce the number of frames transferred across the network. P
roposed Solution:
Install repeaters between distant segments. Which results does the proposed solution produce?
The proposed solution produces the required result and produces both of the optional desired results. None of these
The proposed solution does not produce the required result.
The proposed solution produces the required result but does not produce any of the optional desired results.. The proposed solution produces the required result and produces only one of the optional desired results. Check with Prof
42. Which of the following is most likely the problem if the operating system is unable to detect the network card? (Choose the best answer)
Wrong frame type is set on the network card
Wrong IRQ is set on the network card
Wrong IRQ is set on the IDE controller card
Wrong protocol is bound to the network adapter
43. Wireless networks use _______ topology
mesh
all of these
star
bus
ring
44. In the demand-priority access method, transmissions are not ____________ to all other computers on the network
multicast
routed
unicast
all of these
broadcast
45. When a frame returns to its sending computer, that computer ____________ the frame and puts a new token back on the ring.
copies
writes
reads
removes
none of these
46. Every network interface card sees all packets sent on its segment, but it interrupts the computer only if the packet address matches its individual address
True
False
47. Typically, Ethernet is a baseband architecture that uses a _________topology
all of these
star
mesh
bus
ring
48. The maximum length of a 10BaseT segment is ____________ meters
138
1000
500
250
100

Automated Inventory System and Pos Essay

A lot of companies and organizations needed the help of computers because of its speed, precision and productivity. Moreover, many businesses flourished because production was increased and human errors were lessened and management decisions were facilitated through accurate and reliable information generated by software applications. The business world has become dependent to the massive use of computers and electronics. Nowadays, almost every corporate and company, great or small, enhances their business success rates and profitability through the use of computers. In Inventory System with POS whether automated or manual, comprises of machines, people, and/or methods organized to process, disseminate and transmit data that represent user information. An Inventory System with POS is a system that supports a business in the monitoring of items and sales. Also, it is a computer processing in which the computer responds immediately to user requests. Thus, Malaya and Lumber Construction Supply, the subject of this study, is in need of an inventory and sales software to help them identify inventory requirements, set targets, and report actual and projected inventory status. The introduction of an automated system hopes to optimize the inventory levels and eliminate stock-outs. BRIEF HISTORY
Malaya Lumber and Construction Supply has been a recognized name in the Makati Hardware industry for over 40 years. Malaya Lumber and Construction Supply carry a wide range of construction supply to suit every need. The Malaya Lumber and Construction Supply range includes industry renowned hardware equipment’s from leading manufacturers including YELE, CEMEX, ABOY, etc. Malaya Lumber and Construction Supply, supply a range of electrical, sand, cement, steel, plywood, sink, toilets, plumbing and tiles to suit every budget.
1.1 Statement of the Problem
Malaya Lumber and Construction Supply are having difficulty in monitoring their inventory and sales. * How to design and develop a module to monitor the availability of their items. * How to generate reports as per client needs, for e.g. Sales Report, Inventory Sales Report. * How to
track the return/exchange of the items.
1.2 Current State of the Technology
Malaya Lumber and Construction Supply are currently using a labor-intensive process in inventory, calculating of sales and producing reports. Listed below are classifications of internal operations that enable the company to do business with the public. Purchase OrdersSales Inventory
Re-OrderBack-OrderReports
These classifications are done by hand and most of the information is stored on a ‘Logbook’ and with sales transaction is completed thru a pre-printed numbered blank receipt. The needed reports are mostly encoded by a managerial level employee thru Microsoft Excel. Problems like misplace files of records are minimized and will help them alleviate deluge track of work done by existing age-old use of the hand system and logbook based record keeping. The proposed Inventory System with Point of Sale will make daily operations effective and convenient to use as well.
1.3 Objective
1.3.1 General Objective
The proponents aim to develop a computerized Inventory System with Point-of-Sale for the Malaya Lumber and Construction Supply that will aid their daily operations regarding their inventory and sales function. 1.3.2 Specific Objectives
* To provide a monitoring module that will track the availability of items in the inventory. * To create a module that will generate reports for Inventory and Sales. * To develop a module that will track the record of the return and exchange of the items. 1.3.3 Scope and Limitations
Scope
This study is exclusively developed for Malaya Lumber and Construction Supply. This study is concerned to develop an Inventory System with Point of
Sale for Malaya Lumber and Construction Supply which covers sale transactions and monitoring stocks. The system provides the following functionalities:
1. Display inventory conditions of the products, including stock, out-of-stock, back-ordered or pre-orderable. 2. Filter product listing to show only those products that are currently available in stock. 3. Decrement inventory levels when orders are processed.
4. Receive notifications when inventory levels reach an out-of-stock threshold. * The system has the capability to keep track customer and supplier information. * A delivery module that monitors products delivered by the supplier and products delivered to the costumers. * The system has the capability to create a back-up copy of database file. * The system has a security to keep all information secured for unauthorized users. * The system has a module that will prompt the user if a particular item has reach its critical level. * The system will be implemented in a LAN based network.
* Report Module generates hard copy of record data in a daily, quarterly and annually basis.
Limitation
* The system will not support bar -coding for items.
* The system is incapable of accepting credit cards as payment. * There is no record entry in computation of tax payment for submission in BIR. * The system does not support schedule of delivery for the clients.
Chapter 2 THEORETICAL FRAMEWORK
2.1 Introduction
Every computer system should be supported by theories. Given that the proponents intend to develop a sales and inventory system, theories concerning inventory control and transaction processing system should be
studied. Computer related topics, such as database, GUIs and others, is also studied. These theories will eventually lead to the overall structure and design of a system. The theories mentioned in this chapter will be the foundation of the propose system. 2.2 Inventory Control System
Some of the best inventory management software is equipped with a low-level warning system that will alert you when your stock is getting low so you don’t run out of something that is selling well. You also have the ability to see in real time what stock you have on hand at another location and keep track of it. If you offer item kits it’s important to use a program that will allow you to keep an eye on your sales and inventory so that your kits are all accounted for. [TOPT2013] 2.3 Software Prototyping
Prototyping is the process of building a model of a system. In terms of an information system, prototypes are employed to help system designers build an information system that intuitive and easy to manipulate for end users. Prototyping is an iterative process that is part of the analysis phase of the systems development life cycle. [UMSL2012] 2.3 Transaction Processing System
A transaction process system (TPS) is an information processing system for business transactions involving the collection, modification and retrieval of all transaction data. Characteristics of a TPS include performance, reliability and consistency. [TECH2013]
2.4 Graphic User Interface
A graphical user interface (GUI) is a human-computer interface (i.e., a way for humans to interact with computers) that uses windows, icons and menus and which can be manipulated by a mouse (and often to a limited extent by a keyboard as well). GUIs stand in sharp contrast to command line interfaces (CLIs), which use only text and are accessed solely by a keyboard. The most familiar example of a CLI too many people is MS-DOS. Another example is Linux when it is used in console mode (i.e., the entire screen shows text only). [LINF2004] 2.5 Database
A database is a set of data that has a regular structure and that is organized in such a way that a computer can easily find the desired information. Data is a collection of distinct pieces of information, particularly information that has been formatted (i.e., organized) in some specific way for use in analysis or making decisions. A database can generally be looked at as being a collection of records, each of which contains one or more fields (i.e., pieces of data) about some entity (i.e., object), such as a person, organization, city, product, work of art, recipe, chemical, or sequence of DNA. For example, the fields for a database that is about people who work for a specific company might include the name, employee identification number, address, telephone number, date employment started, position and salary for each worker. [LINF2006] 2.6 Database Normalization
Normalization is the process of organizing data in a database. This includes creating tables and establishing relationships between those tables according to rules designed both to protect the data and to make the database more flexible by eliminating redundancy and inconsistent dependency. [MICR2013]
2.7 Computer Network
A computer network is a group of computer systems and other computing hardware devices that are linked together through communication channels to facilitate communication and resource-sharing among a wide range of users. Networks are commonly categorized based on their characteristics. [TECH2013] 2.8 Back-up
In the computer world, a backup is a copy of some data. This copy could be used to restore the original data when the original information is lost or damaged. You can make backups of your data manually, by copying your files to another place: a CD, another disc, another machine, to a tape device, etc. Ideally, the copy should be stored on another physical place and should not be stored on the same room where the original is. In case of disaster, like a fire, having both the original data and the backup on the same physical place could be fatal. I recommend you to make multiple copies of
your valuable data: for example, you can have a copy stored on another hard drive and another copy on some remote FTP server, for maximum security. [COBI2009] 2.8 Summary
Different theories the proponents have taken to consideration to develop our sales and inventory system. The proponents studied the inventory and transaction theory so that we can have of idea on how this concept works. The software prototyping will help the proponents and the customer to have overview of the outline of the system. The database normalization theory will play a huge role in an inventory system. The inventory system will handle numerous amounts of data so it will be hard to have the database normalized properly. Back-up theory will help to ensure the safety of the data. For internal cooperation on the company, the system will be implemented in a LAN environment. The graphical user interface theory will help in making the design more user-friendly.
Chapter 4 Performance Analysis
4.1 Introduction
This chapter gives the procedures on how the proponents used to analyze and test the performance of the system. The proponent’s objective was to provide a monitoring module and to create a module that generate reports and to develop a module that will tract the record. The group conducted proper testing procedures to prove that the system is capable of doing necessary requirements. The intended users of the system are the sales representative, purchaser, cashier and the administrator. The sales representative manages all the walk-in orders and delivery orders. The purchaser manages all the transaction in ordering products and monitoring of inventory. The cashier manages the payment of the customers.
The administrator is the one who updates the file maintenance, process the access level, makes backup and restores the database of their system.
4.2 Experimental
List of testing procedures below are the aspects used by the proponents to measure all functions accurately according to the specific objectives of the systems.
4.2.1 Unit Testing
Refers to test that verify the functionality of specific section code, usually at the function level.
The proponents conducted an intensive testing of all validation rules implemented. Using the system, proponents entered some values to all data entry forms to check all valid, invalid and limit of all input. In addition to that, the proponents checked what are the result, kind of value and attributes will return if it was called. Overall consistency of system’s application is also check on this experimentation.
4.2.2 Integration testing
It is any type of software testing that seeks to verify the interfaces between components against a software design. Software components may be integrated in an iterative way or all together.
In this part of experiment, the objective of proponents was to expose defects in the interface and interaction between integrated components. The proponents studied all the areas of inventory and sales to make sure if every module and its functions are integrated properly, specially the computation of commission and generations of all necessary reports.
4.2.3 System testing
The proponents examined a complete integrated system to verify that it meets its requirements.
The accuracy and consistency of the computerize system was very effective rather than the old business process hence the proponents realize the opposite of new process and old convention of their business.
4.2.3 Alpha testing
Alpha testing is simulate or actual operational testing by the prospective user or an independent test team at the developers site.
Alpha testing was conducted at the developers’ site by the sales rep. to make sure if there’s a problem when using the said system. Therefore, the sales rep. gave some suggestions and comments about the process of the system to enable the proponents to gain more information.
4.3 Results and Analysis
The proponents had finished the experimental and proceeds to the analysis of all problems encountered. The following are the errors and the proponents’ actions during the experimental of the system. * Logic Errors
The types of errors occur when incorrect judgment and reason used during system development. This usually occurred when loops were not properly terminated, incorrect assignments were done, and incorrect comparison made during filtering operations. * Syntax Errors
Syntax errors occur when typographical errors and incorrect usage of object properties and other keywords were used. The group has ensured that all syntax errors have been eliminated.
* An updateable Query
This error occurred when fields in the tables of the system’s database were being update while the database was currently in a read only mode. * Expected Statement Error (End If without If)
This error occurs when the End If of the If Statement is placed wrongly or the If Statement does not have a corresponding End If. * Integrity Constrains
This error occurs when a record having child record are being deleted or a record that is being added contains a similar primary key code as an existing record in database. *
4.4 Summary
The result of series of testing and analysis proved to be satisfactory for both the proponents and customers. The system was able to perform the processes that it is intended to do.
The system was able to efficiently record and monitor sales and products of the company therefor making it for the administrator and the sales representative to monitor items and sales.
It also made the sales rep. work easier because the system provided them with a file maintenance module that enables to add, edit, delete and back-up files. The system was also able automatically print all the important reports that customers needed.
Shifting the process of Malaya Lumber and Construction Supply from unorganized to well organize system by automating it is a big help out to the company. Since the system has been tested thoroughly, it was able to perform well thus making a processes a lot easier for the Malaya personnel.
Chapter 5
CONCLUSION
The proponents have to complete all the requirements and specifications of the system which include a monitoring module, report generating and a module that will tract the record. The developers have successfully met the objectives of the study.
Specifically, the system was able to secure all the records from unauthorized personnel to maintain data integrity to be generated using Log-in featured of the system. For payment and cashiering, with the use of the system, producing receipts were easier and faster without miscalculating of service rendered of every employee. With the used of Computerized Sales and Inventory for Malaya Lumber and Construction Supply, sales, delivery and inventory of products are efficiently monitored and recorded. Also, fast and accurate generation of reports is provided. Therefore, the proponents conclude that the produce outputs and operation of Computerized Sales and Inventory System for Malaya Lumber and Construction Supply are proven
enhance and better than the company’s current labor intensive system.
BIBLIOGRAPHY
World Wide Web:
[TOPT1013]toptenreviews (2013), ‘Inventory Control System’ http://inventory-software-review.toptenreviews.com/
[UMSL2012]umsl (2012), ‘Software Prototyping’
http://www.umsl.edu/~sauterv/analysis/prototyping/proto.html [TECH2013]techopedia (2013), ‘Transaction Processing System’ http://www.techopedia.com/definition/707/transaction-process-system-tps [LINF2004]linfo (2004), ‘Graphic User Interface’
http://www.linfo.org/gui.html
[LINF2006]linfo (2006), ‘Database’
http://www.linfo.org/database.html
[MICR2013]support.microsoft (2013), ‘Database Normalization’ http://support.microsoft.com/kb/283878
[TECH2013]techopedia (2013), ‘Computer Network’
http://www.techopedia.com/definition/25597/computer-network
[COBI2009]cobiansoft (2009), ‘Back-up’
http://www.cobiansoft.com/backuptheory.htm
ACKNOWLEDGEMENT
APENDICES

Organizational Behavior and Leadership Essay

Effective Communication: Partnership in Italy
Melissa Chang is a business woman from US who is about to travel Venice, Italy to meet with her company’s partnering company. During the preparation of the trip she faces different obstacle like she was stressed and her friend cancelled their trip to Moscow at the last minutes. She was afraid of meeting the Italian Partner, however after collecting necessary information upon making phone contact with the company’s partnering company to confirm her travel plans. When Melissa meets face-to-face with the partners, she quickly realized their source of frustration and at the same time she was able provide all the information requested by them about the product. She was also able to answer all the questions and explain the business process during the first meeting in a productive way and also maintain the relationship for the further business for the future. Both Melissa and Italian partner drew up the projected plan for the next fiscal year at the end of the week. The President of the Italian office arranges a formal dinner in her honor and appreciates the professionalism of Melissa.
Analysis and Findings
In this case US company is not providing the basic product information due to which Italian partner were unhappy which may lead to cancellation of the partnership. When Melissa agrees to visit to Venice, Italy then she meet their partner company face to face, listen all their views and provide them with all the required information and answer all their questions on the spot due to which the partner company we really impressed with her performance and they started building the positive attitude towards US company.
Melissa’s communication impact on Italians
The company has not upheld the basic business standard due to which the Italian partners were frustrated. If the things did not get up cleared quick they company of US may lose the partnership. As Melissa Chang has a very good communicating skill through which she impressed the Italian partner and gain the positive appreciation. Melissa has both interpersonal and communicating skill. She has an ability to work with one-on-one as well as she can present a good public image for the organization.
She was aware of her own internal noise and the role it can play with her own listening abilities which makes her the best situational leader. She possessed the three basic competencies in influencing as diagnosing (being able to understand the situation you are attempting to influence); adapting (being able to adapt your behavior, and the other things that you have control over, to the contingencies of the situation); and communicating (being able to put the message in a way that people can easily understand and accept) (Hershey, Blanchard & Johnson, 2011).
Primary Sources of Information Prior to Melissa’s Visit
Effective communication plays a very important role in an organization. In order to do any work first we need to collect the information regarding the work which is very important. In this case, Melissa collected all the information of Italian partner through the phone call. But in this company it doesn’t show the good commutation because the colleague of the Melissa cancelled their recent trip to Moscow at the last minute, and do not respond to the requests of partnering or Host Company of Italy for information. This kind of behavior clearly shows that employees have lack of professionalism and negligence. So the perception of the company towards the parent company at US was not good.
The parent company at US is just focusing on the profit and forgetting the other factors that help in the maximization of the profit. So the parent Company is sending Melissa for the visit of the Italian partners without proper guidance and training. Melissa believes those Italian partner was frustrated and may cancel the partnership. So due to her effective communication and situational leadership she is successful to gain the Italians business. Thus we need to gather information from face-to-face communication or other means of communication like email, telephone, and fax etc. is very essential to begin any new business or work which makes easier to understand the situation and deal with it.
Primary Sources of Information after Melissa’s Visit
Before beginning any new thing the first thing we need to is gathering information regarding the new thing which makes easier to perform new task. In this case Melissa gathered and learned many things before visiting to the Italy, Venice. The parent company at US was doing negligence and doesn’t provide the information to the partner company at Venice as per requirement on time. When Melissa travelled to Venice and had face-to-face communication with their partner company at Italy, she realizes the reason for the frustration as the parent company at US has not provided the basic information regarding the product. She was successful on answering all the quarries of the partner company and also maintains the positive relationship for the business in the future.
The partner company also agrees to discuss details for the next fiscal year plan. The partner company appreciates Melissa’s ability of communicating and the performance of her and also the partner company arranges a formal dinner program in her honor. So face-t- face communication helps to gather all the necessary and available information before beginning any new task. The president of the partner company noted the empathetic listening skills and ability to relate to their business needs and being critical to their future success and also praises her for her quick action and decisiveness she demonstrated during their meeting.
Melissa’s Change in Attitude Dealing the Italian Partners
When Melissa reached Venice, Italy she was quite stress but she quickly realize that the partners companies were frustrated from their prospective because the parent company at US was not providing the proper information regarding the product. But Melissa was fascinated with the serenity of the Italian partners. Diagnosing and communicating might account for Melissa’s change in attitude about dealing with the Italian partners after her visit. After face to face meeting with Partner Company she was able to she was able to understand the situation over there.
But after meeting the partner company she was able to answer all their queries and also provided all the information regarding the product due to which they were happy about the performance of Melissa because she was able to handle the critical situation in a proper manner. She was also invited for the dinner by the president of the partner company at Venice which motivates her and feels more confidence and also the Italian Partner were more committed towards the product then before. Similarly, the dedication of Italian partners toward their works might also account for Melissa’s change in attitude about dealing with the Italian partners after visit.
Summary and Conclusions
Effective communication by business managers facilitates information sharing between company employees and can substantially contribute to its commercial success. Effective communication should generate the desired effect and maintain the effect, with the potential to increase the effect of the message. Interpersonal skills and written and oral communication skills are important not only in obtaining a job, but also in performing effectively on the job. Therefore, communication is essential to keep the organization functioning at maximum level and to make the most of the management human resources (Hershey, Blanchard & Johnson, 2011).
References
Brandt, W. K., & Hulbert, J. M. (1976). Patterns of Communications in the Multinational Corporation: An Empirical Study. Journal of International Business Studies. Hersey, P., Blanchard, K., & Johnson, D. (2011).Managing of Organizational Behavior: Leading Human Resources. (9th ed., pp. 243-250). Upper Saddle River, New Jersey: Pearson Education, Inc.