Monday, January 27, 2020
Environmental Noise Management Plan
Environmental Noise Management Plan Environmental Noise Management Plan for a proposed Outdoor Music Event University of Derby Online Learning, University of Derby, UK Iwona Typek- Ryszka 100381110 This Noise Management Plan has been completed to regulate the potential noise issue during proposed three days outdoor music event. The objective of this plan is to provide control measures to prevent noise impact on the local residents during the event and to ensure that balance is achieved between providing good entertainment and controlling potential adverse effect of noise pollution. (Legislation.gov.uk, 1996) 2.1. Site details The outdoor music festival is intended to operate over a 3-day weekend period and it will be held at the Hainault Forest Country Park, Romford Rd, Chigwell, London IG7 4QL. Live music is proposed to be performed from the main stage and the secondary stage. There also will be two Dub music marquees. 2.2. Operational hours The following operational hours are understood to be representative for main and acoustic stages over the entire duration of the festival: Main and secondary stages will play live music on: Friday, Saturday and Sunday from 12:00 to 23:00. The two marquee tents will play dub music on: Friday and Saturday from 12.00hrs to 02.00hrs Sunday from 12.00hrs to 24.00hrs. 2.3. Additional venues Additional venues will be available for guests: Adjacent camping area capable of holding up to 200 tents Onsite bar and refreshments area Car park area capable of holding up to 500 cars 3.1. The maximum Music Noise Level for main and secondary stages with live music The usual noise level for outdoor festival has been described as energy averaging (LAeq,T) 98 decibels (dB) measured at the concert mixer position about 40m from the main loudspeaker and at a height of 10m to 15m in the audience area (Colthurst and Fisher, 2011). Organisers will set the maximum noise level to (LAeq,T) 95 decibels (dB) to allow margin for error. This must not be exceed over 15-minute period during the entire event (Sound Solution Consultants Ltd, 2010). Maximum Noise Level set in The Code of Practice are shown in table 3.1.1. This guidance is set for events which finish before 23:00h. For events carry on beyond 23:00h, guidance recommendation is that the music noise should not be audible within noise-sensitive premises with windows open in a typical manner for ventilation (Noise Council, 1995 p.7). Reggae festival will more likely fit into category other urban or rural venues so a 15 minute Leq of 65 dB(A) is the guideline limit. Concert Days/Calendar Year/Venue Venue Category Guideline 1 to 3 Urban Stadia or Arenas The MNL should not exceed 75 dB(A) over a 15 minute period 1 to 3 Other Urban and Rural Venues The MNL should not exceed 65 dB(A) over a 15 minute period 4 to 12 All Venues The MNL should not exceed the background noise level by more than 15 dB(A) over a 15 minute period *dB(A) the A-weighted sound pressure level weighted to reflect the way the human ear responds to different frequencies (Noise Council, 1995). Table 1. The maximum Music Noise Level (MNL) where the MNL is expressed as a Leq (Adapted from the Noise Council, 1995 p.6). 3.2. The maximum Music Noise Level for the noise sensitive areas The World Health Organisations (WHO) Guidelines for Community Noise document says that for outdoor living area noise levels of 55 dB LAeq cause serious annoyance during daytime and evening. The noise levels of 45dB LAeq (measured from outside) cause sleep disturbance to residence. The Guidelines recommends an internal LAeq of 30dB for optimal sleep conditions (and no more than 35dB for internal rooms during daytime). Organisers will set maximum noise level to 45dB LAeq (measured from outside) for operational hours of 12:00- 23:00 and 30dB LAeq (measured from outside) for event which carry on beyond 23:00. 4.1. Characteristic of reggae music The drums and bass guitar play significant role in reggae music and attention is drawn to low frequencies (En.wikipedia.org, 2017). This type of noise will travel substantially further, and it can easily pass through the barriers and structures. (Colthurst and Fisher, 2011). 4.2. Local Geography and Topography Hainault Forest Country Park is large park located in Greater London, which combines woodland and open space. This is a rural area and is relatively flat (Redbridge.gov.uk, 2017).The festival is planned on the open field which allows sound to travel without interference (Everest and Pohlmann, 2009). 4.3. Noise sensitive areas The closest noise sensitive receptors to the proposed festival site are summarised below: Receptor 1 Properties located at Lambourne End, approximately 1.33 km to the north of the proposed festival venue. Receptor 2 Properties located at Chingwell Row, approximately 1.45km to the west of the proposed festival venue. Receptor 3 Newly built housing development located behind a golf club, approximately 1.3 km to the south of the proposed festival venue. Receptor 4 Houses located alongside Romford Rd. approximately 1.3km to the south-west of the proposed festival venue. Picture 1. Location of noise sensitive areas 4.4. Noise Sources Main noise sources for the reggae festival have been identified as follow: Amplified music (recorded and live) Sound systems Sound checks Car parking and camping and bar area Departing patron noise The build and break down 4.5. Noise controls put before the event 4.5.1. Background Noise Survey The background noise, also known as ambient noise is defined as unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport road traffic, rail traffic, air traffic and from sites of industrial activity (The European Parliament and the Council of the European Union, 2002). There is no doubt that large music events may cause disturbance to local neighbourhood due to high powered amplification involved. Therefore there is a need to complete a background noise survey before the event, to predict noise emission levels, and to ensure the health and welfare of those who live nearby is maintained (Noise Council, 1995). Background noise survey will be undertaken end of April 2017 to determine background noise level at the mixer location and in the noise sensitive areas. Weather will be taken into account, as wind speed and direction or temperature may influence the transmission of sound. (Colthurst and Fisher, 2011). 4.5.2. Acoustic consultant Fully qualified and registered acoustic consultant will be employed by festival organisers to help with event planning, to complete noise survey and monitor noise levels throughout the event. (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.16) 4.5.3. Communication arrangements The communication network between the team members involved in noise monitoring will be established via handheld radios (Noise Council, 1995 p. 11). There will be hot line step up where local residents could use to complain about noise level. The hotline will be open for whole duration of the event. All complaints will be logged, investigated and remedial action will be taken. Log will be kept to demonstrate compliance (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.17) 4.5.4. Public relations 3 months before the event, first briefing note will be delivered to the noise sensitive premises, informing neighbours that the concerts will take place and advising them about the precautions taken to minimise noise impact. The second note will be delivered to the residents no later than 2 weeks before the event. This note will remind them about the festival, asking for their tolerance and providing a telephone number for the noise complaint hot-line where someone responsible can be contacted in case of any problems. (Noise From Open Air Events Guidance for Applicants, 2014, p. 10) 4.5.5. Sound preparation tests and set ups Sound propagation tests will be carried out at the day of the event to ensure that sound levels are correct and meet the targets. (Noise From Open Air Events Guidance for Applicants, 2014, p. 10) The weather condition on the days of the event also will be taken to consideration and level of noise will be correctly adjusted to meet specified criteria. To avoid unnecessary disturbances to the local residents, sound propagation tests will be carried out no earlier than at 10am. (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.12) 4.5.6. Sound system Circuit speakers system will be adopted for the main event stage. This system will help minimise noise level by positioning several low powered speakers around the audience. The system will be used instead of two large banks of speakers on either side of the stage. (Noise From Open Air Events Guidance for Applicants, 2014, p. 8) Loudspeakers will be positioned away from the noise sensitive areas properties in Chigwell Row and development near Romford Rd (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.13). Loudspeakers will be directed onto the area where audience will be, to avoid over-spill into the surrounding area (Soundadvice.info, 2017). The roof will be placed on the main and secondary stages to help to decrease the noise exposure outside the stage (Asselineaut et al., 2010). There will be no speakers positioned outside of two Dub Shacks and speakers located inside the tents will be positioned downwards, away from any doors. Several small speakers will installed to ensure an even distribution of sound (Sound Licensing Limited, 2015). Sound engineer will be strictly responsible for controlling the low frequency level of the music (bass) as its causes the most nuisance to local residents (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.12). 4.5.7. Rules for car park, comping area, bar and refreshment area The car park and the camping areas will be strictly monitored during and after licensable hours to avoid any unnecessary noise e.g. recorded and live music. Use of Portable PA systems and car stereos will be strictly prohibited in the car park and camping site. Patrons will be informed about this rule before entry to the site and on entrance to the site. This will be communicated via clear signage and through Terms and Conditions of use of both car park and camp site. If there will be a breach of this condition, the equipment will be confiscated and if there will be repeatable offence, the offenders will be removed from the site. The active patrols will be taking place during and after licensable hours and logbook will be kept to demonstrate compliance (One Love Management, 2015, p16, p.28). Bar and refreshment area will be monitored by Designated Premises supervisor. Bar will be closed at 22.30pm to ensure party will not carry on after licensable hours of event (One Love Management, 2015, p.12). 4.5.8. Traffic Management Road traffic noise is one of the main sources affecting sleep and causing annoyance (Ohrstrom et al., 2006). There is only one road leading from the festival venue to the main road. This road will serve as an access to the venue. To keep traffic to minimum organiser will encourage guests to use alternative methods of transports e.g. trains, buses or car share. There will be dedicated traffic management team in place to ensure that parking is done efficiently and without unnecessary disturbance to local residents (One Love Management, 2015, p.16). The unnecessary use of horns and use of heavy vehicles at night time will be also forbidden (WHO, 1999). 5.1. Monitoring noise level Monitoring of noise levels will be in place during licensable hours, and sound checks will be completed daily for the duration of the event. Those measurements will be completed at following locations: mixer position, stage, Dab Shacks and noise sensitive locations (Lets Rock London, 2015). Fixed sound level monitoring device will be used at the mixer position (Lets Rock London, 2015) and sound limiter device will be installed inside Dub Shacks to ensure that agreed limits are not exceeded (Sound Licensing Limited, 2015). The mobile sound level monitoring device will be used to measure sound level for each of new act performs on the stage. The remote sound level monitoring device will be set up at least one of the Noise Sensitive Locations and this device will be configured to record the sound levels for the duration of the event. There will be system put in place to alert the responsible person if any levels are exceeded. (Lets Rock London, 2015) 5.2. After the event All the results of the noise monitoring completed during the event will be kept and send to the Local Authority after the event, along with any complaints received, with documented corrective actions taken (Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events, 2012, p.17). The aim of the noise management plan is to address all noise related challenges and ensure that there is balance maintained between the needs of the event organisers and the local residents. The actions have been taken to reduce and manage the noise impact on the surrounding area and to ensure great entertainment for patrons. Asselineau, M., and Serra, M (2010) Music and outdoors: are they meant to work together?. Proceedings of 20th International Congress on Acoustics, ICA. Sydney; pp.1-7. Code of Practice and Guidance Notes on Noise Control for Concerts and Outdoor Events. (2012). Bath, p.12-17 Colthurst, A., and Fisher, S (2011) Noise and Vibration. Cited in: Battersby, S. Clays Handbook of Environmental Health. 20th Edition. Spon Press. London and New York. Ebook. En.wikipedia.org. (2017). Reggae. [online] Available at: https://en.wikipedia.org/wiki/Reggae [Accessed 12 Mar. 2017]. Everset, F. A., and Pohlmann, K. C (2009) Master Handbook of Acoustics. 5th Edition. Mc Grow Hill. London. Ebook. Legislation.gov.uk. (1996). Noise Act 1996. [online] Available at: http://www.legislation.gov.uk/ukpga/1996/37/crossheading/summary-procedure-for-dealing-with-noise-at-night [Accessed 12 Mar. 2017]. Lets Rock London. (2015). Lets Rock London 2016 Noise Management Plan. Noise from Open Air Events Guidance for Applicants. (2014). Portsmouth: Portsmouth City Council, p.8-10 Ohrstrom, E., Skanberd, A., Sevensson, H., and Gidlof-Gunnarsson, A (2006) Effect of road traffic noise and the benefit of access to quietness. Journal of Sound and Vibration 295(1/2); pp. 40-59. One Love Management, (2015). One Love Festival Appendix 2. EVENT SAFETY MANAGEMENT PLAN. Basingstoke: Basingstoke and Deane Borough Council, pp.12- 28. Redbridge.gov.uk. (2017). Redbridge Hainault Forest Country Park. [online] Available at: https://www.redbridge.gov.uk/leisure-sport-and-the-arts/parks/hainault-forest-country-park/ [Accessed 12 Mar. 2017]. Sound Solution Consultants Ltd, (2010). The Black Horse Festival Noise Impact Assessment TECHNICAL REPORT. Rother: Rother District Council. The European Parliament and the Council of the European Union (2002) Directive 2002/49/EC relating to the assessment and management of environmental noise. Official Journal of the European Communities. L 189; pp. 12-25. The Noise Council (1995) Code of Practice on Environmental Noise Control at Concerts, London, The Noise Council. World Health Organisation (1999) Guidelines for Community, Geneva. Sound Licensing Limited, (2015). NOISE IMPACT ASSESSMENT REPORT 3 CROYDON LANE SM7 3AS.
Sunday, January 19, 2020
The Hunters: Moonsong Chapter Twenty-One
ââ¬Å"What's taking so long?â⬠Bonnie asked, bouncing on the bal s of her feet. ââ¬Å"Stop being so hyper,â⬠Meredith said absently, craning her neck to see over the crowd outside McAl ister. There was some kind of bottleneck by the entrance to the dorm that was slowing everyone down. She shivered in her thin top; it was starting to get cold at night. ââ¬Å"Security's at the door,â⬠Bonnie said as they got closer to the entrance. ââ¬Å"Are they carding people to get in?â⬠Her voice was shril with outrage. ââ¬Å"They're just checking that you have a student ID,â⬠someone in the crowd told her, ââ¬Å"to make sure you're not a crazed kil er from off campus.â⬠ââ¬Å"Yeah,â⬠his friend said. ââ¬Å"Only on-campus kil ers al owed.â⬠A couple of people laughed nervously. Bonnie fel silent, biting her lip, and Meredith shivered again, this time for reasons that had nothing to do with the cold. When they final y got to the front of the line, the security guards glanced quickly at their IDs and waved them through. Inside, it was crowded and music was pumping, but no one real y seemed to be in a partying mood. People stood in smal groups, talking in undertones and glancing around nervously. The presence of the security guards had reminded everyone of the danger lurking unseen on campus. Anyone could be responsible, even someone in the room at that very moment. As she thought about that, Meredith's view of the room shifted, the other students around her changing from innocent to sinister. That curly-headed frat boy in the corner ââ¬â was he eyeing his pretty companion with something more than simple lust? The faces of strangers twisted viciously, and Meredith took a deep breath, calming herself until everyone looked normal again. Samantha was coming toward her, a red plastic cup in her hand. ââ¬Å"Here,â⬠she said, handing Meredith a soda. ââ¬Å"Everyone's on edge tonight, it's creepy. We'd better stay alert and not drink,â⬠she said, already on the same wavelength as Meredith. Bonnie squeezed Meredith's arm in fareWelland took off into the crowd to look for Zander. Meredith sipped her drink and warily eyed the strangers surrounding her. Despite the general malaise hanging over the party, some people were so wrapped up in each other that they were managing to have a good time anyway. She watched a couple kiss, as ful y focused on each other as if there was no one else in the world who mattered. They weren't worrying about the attacks and disappearances on campus, and Meredith found herself feeling a sharp pang of envy. She missed Alaric, missed him with a bone-deep longing that stayed with her, even when she wasn't consciously thinking about him. ââ¬Å"The kil er could be right here at this party,â⬠Samantha said unhappily. ââ¬Å"Shouldn't we be able to sense something? How can we protect anyone if we don't know who we're up against?â⬠ââ¬Å"I know,â⬠said Meredith. The crowd parted, and she saw a face she hadn't expected: Stefan, leaning against the far wal . His eyes lit up when he saw her, and he glanced past her with a hopeful half smile already forming on his lips. Poor guy. No matter what Meredith thought about Elena's decision to take a break ââ¬â and, for the record, Meredith thought that Elena was doing the right thing; her entanglement with both Salvatore brothers meant that they had al been heading for trouble ââ¬â she couldn't help pitying him. Stefan had the look of someone who was experiencing the same sharp pang of loneliness and desire as Meredith did when she thought of Alaric. It must be worse for him, because Elena was so close and because she chose to separate herself from him against his wishes. ââ¬Å"Excuse me for a second,â⬠she said to Samantha, and went to Stefan. He greeted her politely and asked about her classes and her hunter training, although she could tel that he was burning to talk about Elena. He had such good manners, always. ââ¬Å"She's not here yet, but she's definitely coming,â⬠she told him, interrupting one of his pleasantries. ââ¬Å"She had something to do first.â⬠His face bloomed into a smile of grateful relief, and then he frowned. ââ¬Å"Elena's coming here alone?â⬠he asked. ââ¬Å"After al the attacks?â⬠ââ¬Å"No,â⬠Meredith reassured him. She hadn't thought of this, and she didn't think she should tel him Elena was with Damon. ââ¬Å"She's with other people,â⬠she settled for saying and was glad that her answer seemed to satisfy him. Meredith sipped her drink and hoped grimly that Elena had the sense not to bring Damon to the party. Matt spotted Chloe from across the room. Tonight was the night, he decided. Enough playing around, enough exchanging glances and gentle, platonic hugs and hand squeezes. He wanted to know if she felt the same way he did, if she felt like maybe there was something between them worth exploring. She was talking to someone, a guy he recognized from Vitale, and her curly brown hair shone softly in the light from overhead. There was so much life in Chloe: the way she laughed, the way she listened to what the guy was saying, attentive and involved, her face focused. Matt wanted to kiss her, more than anything. So he started working his way across the room toward her, nodding at people he knew as he passed them. He didn't want to look too uncool and eager, not like he was making a beeline for her, but he didn't want to stop and lose her in the crowd, either. Matt. Matt jerked as if he'd been stung as the silent greeting hit him. Twisting around to see where it was coming from, he found Stefan standing right behind him and frowned irritably at him. He hated when Stefan got into his head like that. ââ¬Å"You could have just said hi,â⬠he told Stefan, as mildly as he could. ââ¬Å"You know, out loud.â⬠Stefan ducked his head apologetical y, his cheeks flushing. ââ¬Å"I'm sorry,â⬠he said. ââ¬Å"That was rude of me, but I just wanted to get your attention. It's so loud in here.â⬠He gestured around, and Matt wondered, as he sometimes had before, how the life of a modern teenager seemed to the vampire. Stefan had experienced more than Matt probably ever would, but the loud rock music and the press of bodies al around him seemed to make him uncomfortable, showing the cracks in his disguise as someone young. He tried hard, for Elena's sake, Matt knew. ââ¬Å"I'm waiting for Elena,â⬠Stefan said. ââ¬Å"Have you seen her?â⬠The lines of his face were anxious, and, just like that, Matt's picture of Stefan as someone too old, too out of place here, snapped. Stefan looked achingly young, lonely and worried. ââ¬Å"Yeah,â⬠Matt said. ââ¬Å"I just saw her at the library. She said she was coming here later.â⬠He bit his tongue to keep from adding that he'd seen her there with Damon, of al people. Matt wasn't quite sure what was going on between Elena and the brothers, but he figured Stefan didn't need to know that Elena and Damon were together. ââ¬Å"I'm supposed to be staying away from her,â⬠Stefan confided sadly. ââ¬Å"She feels like she's coming between Damon and me, and she wants some time for us al to work things out before the two of us can be together again.â⬠He glanced up at Matt, almost beseechingly. ââ¬Å"But I thought since there are so many people here, it isn't like we'd be alone.â⬠Matt took a swal ow of his beer, his mind working furiously. Now he knew he'd been right not to mention that Damon and Elena had been together. What game was Elena playing now? It was a shock, too, to realize how far out of the loop he'd gotten. When did al this happen? Since Christopher's death, he'd been avoiding his friends, spending so much time focused on the Vitale Society that he missed this big development in their lives. What else was he missing? Stefan was stil looking at him as if he was seeking some kind of approval, and Matt rubbed the back of his neck thoughtful y, then offered, ââ¬Å"You should talk to her. Let her know how unhappy you are without her. Love is worth taking the chance.â⬠As Stefan nodded, considering, Matt's eyes sought out Chloe in the crowd again. The guy she'd been talking to was gone, and she was alone for the moment, biting her lip as she looked around the room. Matt was about to excuse himself and head toward her when another voice spoke in his ear. ââ¬Å"Hi, Matt, how's it going?â⬠Ethan came up beside him, his golden brown eyes focused on Matt's. Matt felt himself straightening up and pul ing back his shoulders, trying to look loyal and honorable, a promising candidate, everything the Vitale wanted him to be. Matt saw this reaction to Ethan in the other pledges as Well: whatever Ethan wanted them to be or do, they wanted, too. Some people were just natural leaders, he guessed. They chatted for a minute, not about the Vitale Society, of course, not in front of Stefan, but simple friendly stuff about footbal and classes and the music that was playing, and then Ethan turned the warmth of his smile on Stefan. ââ¬Å"Oh, uh, Ethan Crane, Stefan Salvatore,â⬠Matt introduced them, adding, ââ¬Å"Stefan and I went to high school together.â⬠Stefan and Ethan started making conversation, and Matt looked for Chloe again. She wasn't in the last place he had seen her, and he started to panic, until he found her again in the crowd, moving to the music. ââ¬Å"I can't help noticing just a slight accent, Stefan,â⬠Ethan was saying. ââ¬Å"Are you from Italy original y?â⬠Stefan smiled shyly. ââ¬Å"Most people don't hear it anymore,â⬠he said. ââ¬Å"My brother and I, we left Italy a long time ago.â⬠ââ¬Å"Oh, does your brother go here, too?â⬠Ethan asked, and Matt decided the two of them seemed happy enough together and that it was okay for him to leave now. ââ¬Å"I'l catch up with you guys later,â⬠he said. Taking another swal ow of beer, Matt strode through the crowd, straight toward Chloe. Her eyes were shining, her dimples were showing, and he knew the time was right. Like he had told Stefan, love was worth taking the chance.
Saturday, January 11, 2020
Focault- Discipline and Punish
Table of Contents Introduction2 Brief Overview2 Main arguments of discipline and Punish4 â⬠¢Power4 â⬠¢Prisons as part of civilisation4 â⬠¢Punishment5 â⬠¢The Body and Soul5 Evaluation of Discipline and Punish6 Conclusion7 ? Introduction: M. Foucault. 1975. Discipline and Punish: The birth of the prison. New York: Random House Inc. Below is an in depth book review of Discipline and Punish, The Birth of the Prison. The author who compiled the analysis on this is Michel Foucault, whom provided enlightenment on many different aspects of sociology and philosophy- many which are still immensely relevant to societies today.I will be using this book review to channel an outline of Foucaultââ¬â¢s work, viewpoints and purposes as such. Along with this I will include my personal critique of my literary experience of the book. I will consider important factors of logic, coherence, evidence, expertise and originality. These specified fields are all crucial to useful and meaningf ul sociological theories. In brief, my aim is to clarify the argument presented by Foucault and provide my account of its validity. Brief Overview:Michel Foucaultââ¬â¢s, Discipline and Punish, provides the reader of the historical timeline which ends at the institution of imprisonment that most modern societies have adopted today. The just of his intentions for the book are presented in the first section. Much of this includes his aim which is to trace the penal system back to its roots in order to define and identify its significance in the present. These roots begin in the seventeenth century. Here public torture and execution prevailed as the form of punishment.As aspects of society changed, especially power structures, so did this system of punishment- much like in an evolutionary manner. At this point it is probably important to highlight that a better alternative to the concept of the penal timeline, is rather a cycle- thus making visible the state it was in at birth and pl otting its journey to maturity. The model of the prison is not yet a comprehendible result or solution in the beginning sections. Punishments were rather inhumane and gruesome methods of torture and execution which were ââ¬Å"public spectaclesâ⬠. The point of this was the solidification of the power figures amongst their people.This notion of power stirred amongst people who were ultimately discontent with the inefficiency of these structures. Whilst attempting to resolve this, a ââ¬Å"reformâ⬠was created. Sadly, the preoccupation of the reform blinded people to the inhumanity, suffering and pain being brought upon these so-called criminals. Following this we see the transition to private and secret forms of punishment which was cut-off from public visibility. Coercive practices resulted in submissive criminals, with credit given to new techniques established by adapting and altering out-dated methods.The separation and the shift of focus from the body to the soul were early defining factors of the modern system. These also form an immensely important theme that is recurrent throughout the book. Foucaultââ¬â¢s theoretical cycle of the penal system then moves on to preparation of criminals for their lives after incarceration and attempts to reintroduce these people back into society as respectable civilians. Considering noted critiques on this section, it remains unclear as to whether this was successful at its time of occurrence.An issue arising along with this stage is that of judgement- who is qualified to pass judgement and what standards are used for comparison? Finally, in the closing sections of the book we reach the heart of the book where we see the introduction of the first prison- highly influenced by the panoptic, and the penultimate stage which Foucault dates February 22, 1840. This date marks the success of the first carceral system which ââ¬Å"perfectedâ⬠the failures and short-comings of all the previous phases. Currently t his institution has embedded itself in society and is the back-bone of order, laws and norms.The fact that at the moment there is no better alternatives to this, offers the assumption that the modern penal system has succeeded or human sciences are still advancing in order to further evolve current organisation- hence my prior labelling of this phase the ââ¬Å"penultimateâ⬠. I feel that the purpose of the book is to inform the reader on a long list of various facets relating to sociology. These include the carceral system, the classical period, discipline, norms, power and penalty- to mention only a few. These all have significant importance in human sciences.My reaction or evaluation will conclude that Foucault has cleverly addressed establishments in sociology whilst using the penal system as a commonality to provide a practical sample- which in turn favours the readers understanding of sociology in general. The audience for this theoretical work is most likely to target sch olars of human sciences and philosophy. It may also spark interests of inquiries into the classical period given its historical flair. Main arguments of Discipline and Punish: Power: Foucault uses power as a central point of reference for punishing.All or most aspects of the book revolve around this, or come back to it at a point. According to him, as power structures change, so does the penal system. It adapts to requirements. In the section of the book titled ââ¬Å"Body of the condemnedâ⬠, we see how torture and punishment was used to reinforce the power of the sovereign. Knowledge is also important to power, because it is seen as the support for power. Those with greater knowledge, tend to yield or accumulate greater power. ââ¬Å"Power produces knowledge . . . power and knowledge directly imply one another . . . here is no power relation without the correlative constitution of a field of knowledge, nor any knowledge that does not presuppose and constitute at the same time power relations. â⬠Foucault describes that power can range from modifying ones self-control to complete coercion. It is embedded in society and all relations. As long as power relations exist, there will always be inherent authority and control. Here we see the effects of the ââ¬Å"power to judgeâ⬠. Those possessing power and knowledge use their controls on society to establish norms whereby they evaluate the actions of people.Post-judgement and examination incarceration is determined by how far the perpetrator strays from ââ¬Å"normalâ⬠. In Foucaultââ¬â¢s opinion, society has allowed sceptic officials to take the power to judge- people such as medical professionals, psychologists, etc. In essence, it is argued that power controls society, yet it cannot be controlled. Prison as a part of civilisation: It is emphasised time and time again throughout the book that the prison is part of society and the two cannot be separated. Prison is based on the judicial system (laws and rules governing our daily lives), which is embedded and weaved into society.Often Foucault mentions prisons along with institutions such as schools, hospitals and armies etc. They are all organised using the same framework of control and judgement- which emphasizes his stance that it is a part of society. The penal system of prison is too far incorporated into our lives to deny the connection which exists. Punishment: ââ¬Å"The art of punishing must rest on a whole technology of representationâ⬠Foucault argues that each punishment should teach a lesson. It should not only take away a delinquents liberty and freedom, it should make them work, keep them active, enforce good habits.Prior to this, the penalty should correlate with the crime committed in order to create relevance. It need not be an attempt to control the body, but rather install regulation directed at achieving a goal- such as reintegration into community after incarceration. Discipline must be continuo us and must take the role of coercion. This we see from Foucault that it can be done using timetables and ranks- here differentiation of various series is important. The Body and Soul: Punishment was initially assigned to the physical body using methods of torture for example.In addition to this, the body could be used to stir fear amongst people during public executions. The body and the visible are reinforcing factors. However, with the changes in power, the body is no longer a target of direct punishment. The body now, as Foucault says, is supervised, controlled and organised. Although the body is replaced with the soul, it will still share an adjacent bond with punishment. Foucault argues that he produces a ââ¬Å"genealogical account for the modern soulâ⬠- meaning that he intends to identify where the soul originated. There are two factors to this process in Discipline and Punish.First it is what is revised above- is the soul takes over from the body as the directive for p unishment. Secondly, the shift from body to soul and the new methods of discipline have ultimately generated or created the soul. Unlike the body, there are no limits to how you can penalize the soul. Evaluation of Discipline and Punish: Firstly, I will start by commenting on the extent to which the book achieves its desired goal. Foucault initially wanted to provide a power of speech for those confined to a discourse. This includes those who do not have the knowledge required to accumulate power.I feel that their issues have been brought to light, however the reasons exceeding this is for the purpose of gaining insight into the functioning of society in sociological terms. This does not give attention to their possibly ambiguous labelling of being ââ¬Å"abnormalâ⬠. They have purely become a vessel to greater knowledge. Foucault rejected norms as positive determinants. It was seen by him as negative and oppressive. The unusual phenomenon is not a natural process instinctually followed by humans. Foucault strived to highlight this irregularity through his book.However, when commenting on individuality (which opposes norms) there is an inherent negative notion towards the concept. What then, if against norms and individuality, does Foucault conceptualise as an alternative? This is a possible indication of an argument which is incoherent and conflicting. Ultimately, as we see towards Foucaultââ¬â¢s final sections, that his intention was not to ignite conspiracy and doubt in the minds if the reader regarding the prison, but rather to create understanding of its operation and the factors contributing to its processes.This was done with the utmost success. The historical context and actual case studies used provide valid and convincing confirmation. His views at this point are adequately supported. In terms of possibilities suggested by the book Foucault leaves us with the premise that the carceral system is very destructive in more ways than one. He also p rovides a new way for us to think of this system- as strong and highly powerful. We see that Foucault is optimistic toward change- thus highlighting prospective opportunities for the carceral system as well as the human sciences as a whole.The subject matter of the book has to this day not received further research- nothing of such extensive significance. Foucault has successfully provided us with a realistic account into the historical penal system and at the same time addressed common topics in sociology- much like his section on individualism. The material available to us regarding the penitentiary system tends to focus on specific regions or prisons-commonly those in the United States. A book which is well versed on the issue at hand is Situational Prison Control by Richard Hartley. However, it still does not divulge into the history and ââ¬Å"birthâ⬠of the phenomenon.Foucault successfully identified a research topic which was in need of attention and enlightenment. I fee l an aspect Foucault neglected to focus on was future summations for the penal system and all it entails. We do not see any of his suggestions for possible ways forward or resolutions to the problems that exist. He has a tendency throughout the book, to highlight many downfalls yet no solutions. A few of personal proposals would have stimulated the readers thinking, ultimately opening doors for advancement for progress. Along with the above, I feel there is a lot that needs to be said on social divides amongst society.Foucault briefly touches on classes and social and economic situation but almost immediately redirected the train of thought. There is more to various demographics which influence all institutions throughout societies. Foucault failed to report on this and the way that their changes affect power relations and ultimately the penal system. Some of these demographics may include gender, age, race and ethnicity. Conclusion: I constantly referred back to specific criteria w hen considering the main arguments or theories of Discipline and Punish. This was helpful in concluding my opinion on whether Foucault has successfully argued his theory.My review concludes that a good research problem was identified and stated. The causes of this were also made apparent to the reader. Foucault carefully planned the way he would take-on this topic by testifying clear and concise points of view. At times it felt as though the argument was not coherent in that it would jump from one context to another. However, the main arguments and themes- such as the body and the soul were constantly referred to. This redeemed coherence with a well tied together and relevant argument- especially in the last section where everything is positioned into place.The evidence Foucault uses to elaborate his views and arguments are sufficient to enhance the validity of his study and specific arguments. He often provides actual occurrences in history- much like his introduction reporting on Damienââ¬â¢s execution in 1757 and referring to the opening of Mettray prison colony. Extensive referencing has been made available allowing further validation of facts. This in turn contributes to his ability to convince and persuade. Michel Foucault most definitely possessed the right attributes and expertise to work on this research problem.He had extensive training and experience in human sciences, from which he created his career. His direct encounters with the penal systems and prisons also granted him access to knowledge not readily available to others- thus making his expertise relative to the issue at hand. Keeping the short-comings I have mentioned in mind, I feel that Foucaultââ¬â¢s arguments are valid and they all have been researched to the point where its concrete significance cannot be denied. Their continued relevance over the years supports my conclusion and it has in general been presented in a clear and concise manner.
Friday, January 3, 2020
Macroeconomic Theories Of Macroeconomics And Classical...
Macroeconomics is a branch of economics dealing with the performance, structure, behavior, and decision-making of an economy as a whole, rather than individual markets. This includes national, regional, and global economies. With microeconomics, macroeconomics is one of the two most general fields in economics. There are two major macroeconomic theories that economists use to describe the economy. Those theories are Keynesian and Classical. Each theory has a different approach to the economic study of monetary policies, consumer behaviors, and government spending. A few distinctions separate the two theories. Classical economics is the theory that free markets will restore full employment without government intervention. They believeâ⬠¦show more contentâ⬠¦That means that there is no need for fiscal policy designed for the purpose of restoring full employment. A key assumption in the classical theory is that, with time to adjust, prices and wages will decrease to ensure the ec onomy operates at the full employment level. Classical economists focus more on creating long term solutions for economic problems. Inflation, government regulations and taxes can all play an important part in developing the classical theories. Classical economists also analyze how current and new policies will impact the market environment. Keynesian economics is the view that in the short run, especially during recessions, economic output is strongly influenced by aggregate demand. The theories forming the basis of Keynesian economics were first presented by the British economist John Maynard Keynes. In the Keynesian view, aggregate demand does not necessarily equal the productive capacity of the economy; instead, it is influenced by a host of factors and sometimes behaves erratically, affecting production, employment, and inflation. Keynesian economics is the theory that the role of the federal government is to increase or decrease aggregate demand to achieve economic goals. Keynesian economics relies on the government to intervene and spend to help with economic growth during the economic downturns. Keynesians believe that the economy is made up of consumer spending, business
Wednesday, December 25, 2019
Gambling Is An Intriguing Human Activity - 1695 Words
Gambling is an intriguing human activity. It changes individuals in many ways and continues to develop increasingly since gambling was introduced. Gambling has been a form of entertainment for many more years than it seems. ââ¬Å"During the year of 1497, John Cabot found a native population who played a bunch of games of chanceâ⬠. (ââ¬Å"Gambling 101â⬠) Unfortunately, around 1892, all gambling activities were banned by the Canadian criminal code. (ââ¬Å"Gambling 101â⬠) As the years went by, the rules became less strict, which gave the chance for numerous forms of gambling to become legal. Since then, the growth and significance has highly increased, it has even transformed into a popular pastime. (ââ¬Å"Gambling 101â⬠) In 1989, Winnipeg was the first province in Canada to have a permanent casino (ââ¬Å"Gambling 101â⬠). Within a small period of 14 years, 76 facilities were built which offered gambling activities such as slot machines and even game tables . (ââ¬Å"Gambling 101â⬠) Gambling has become an addiction which has been shown by many symptoms and brought many negative impacts to peopleââ¬â¢s lives. Thankfully, there has been many ways of recovery found for this addiction. The addiction of gambling doesnââ¬â¢t come in any which way. Since everyone loves winning, gambling can make certain individuals feel great. During the first try of gambling, many people have beginners luck which is when some people start to believe that their winning streak has begun. As a result, gamblers start spending a flourishing amountShow MoreRelatedYakuza1710 Words à |à 7 Pagesvarious nations throughout the world. 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Even if you do not consider yourself a gambler, you have probably bought a raffle ticket, scratched off the disk on a game card in a cereal package, sent a card in the mail to a sweepstakes contest, bet on your home team, or wagered a dollar with a friend that your answer to a test question was correct. Perhaps you have been to a gambling casino, where you played the slot machines or satRead MoreArticle Review : Bet365 Breaks New Ground2030 Words à |à 9 Pagesestablished marketing offshoot company. This company is set to lead to a new procurement and marketing initiative. What the introduction of the new offshoot is to do is to take the pressure off the already strained Bet365 marketing team. By segregating activity the company hopes that their global marketing efforts will become more impactful in the long-term. Reflecting Authority The two announcements have been made in conjunction in order further promote the public image of the company. Speaking on theRead More The Power and Genius of Alexander Pushkinââ¬â¢s The Queen of Spades5732 Words à |à 23 Pagesany chance he has at a normal life.à Hermann comprehends the danger in his risks, and continues on the self-destructive path.à He is described as a gambler at heart.à The idea of gambling epitomizes everything that Hermannââ¬â¢s ego is struggling to defeat.à à The risk, danger, and irrationality in the card game and gambling is what Hermann ultimately desires, not the riches he serves to gain.à The desire of his id takes over all rational thought of the ego, while at the same time, his superego validatesRead MoreSin and Salvation in Recent Years3086 Words à |à 12 Pagesbehavior and that confessing ones crimes is likely to have a positive effect on the respective individuals self-esteem. Even though redemption and sin are not necessarily the same thing as confessing crimes and behaving immorally, it is nonetheless intriguing to look at how society preserved most of its traditions across time as a result of observing how such values had a positive effect on the world in general. The 21st century thinks very differently from individuals several centuries ago, but peopleRead MoreThe Model Of The Dual Systems Model2202 Words à |à 9 PagesDecision Making it mentions Adam Smithââ¬â¢s The Theory of Moral Sentiments and on the Origins of Languages where people arenââ¬â¢t always self-serving, but also not selfless. That is how people function and grow as a society. Morality is a key component. Its intriguing though, that ââ¬Å"in both economics and psychology, many empirical demonstrations can be found of people actually choosing courses of action that benefits others, even at the expense of oneselfâ⬠(Innocenti, Alessandro. (2013)). Itââ¬â¢s the idea that moralRead MoreThe Other Side Of Heroin Addiction2172 Words à |à 9 Pagesinside the body, morphine binds to various opioid receptors in the brain (6). This causes extreme production of dopamine in the brain. Dopamine is a hormone that provides a sort of ââ¬Å"rewardâ⬠system for the body. Whenever a person completes a difficult activity or does something they enjoy, the brain releases dopamine to ââ¬Å"congratulateâ⬠the person for doing something well (6). This causes the feeling of intense satisfaction heroin delivers. When an individual uses heroin, they experience a heightened versionRead MoreEssay on Internet Addiction Disorder4686 Words à |à 19 PagesThe World Wide Web is an intriguing information highway. Its beginnings only date back to the 1990ââ¬â¢s, but it has quickly become a major staple in our lives. As with anything there is a good and bad side. Americans and people around the world are becoming more and more reliant on using the internet for thei r informational, academic, social, entertainment, organizational, and connectional needs. Along with all of the good that this has brought a new disorder is arising, internet addiction disorder
Tuesday, December 17, 2019
Implementing A New Plan For Business - 1325 Words
CHANGE LEADERSHIP Our software development company is one of the successful companies in the industry for a long time. The company is very popular among the customer because of its exceptional customer services and quality products. Now this year the company facing a difficulty due to the change of the operating system done by Microsoft and for this our software becomes obsolete. So it is necessary to make some changes in our company and need to come up with a new plan in order to stay in the business. Developing a Strategic Plan The development of a new plan for business and its implementation needs a lot of effort and time. However, our dedicated experts developed the plan and implementation procedures following the 10 steps which areâ⬠¦show more contentâ⬠¦Assessing the External Environment The external factor is that probably the other company which is also offering the similar services and software products to the customers may compete with our company. But due to our and large market and efficient advertising policy, it is very difficult for our competitors to offer the lower price for the software than the price of our company. Our company has another competitive advantage is that our brand name which is very popular among the customers. Analyzing Internal Arrangements The team, which is working for this project is under the research and development wing of the company composed of a manager, one supervisor and technicians and engineers and some supporting staffs. Each member of the team is encouraged to communicate with each other and the team lead will communicate about the progress and problems of the members to the supervisor. The supervisor will then consult with the manager for necessary arrangement. Our company has an open door policy, so any member of the team can talk to manager and director of the company for the immediate solution of the problem. Assessing the Competitive Advantage The company has a very good reputation among the customers for its reliable and good quality software with relatively lower prices than the other competitive company in the industry. Our company has been established in the market for over thirty years. The company is known for its excellentShow MoreRelatedIntroduction and Implementation of New Technology in a Company1862 Words à |à 7 Pagesï » ¿Implementing Technology in a Company: In the current business world, change has become an important aspect of many organizations and businesses. As a result of the inevitability of change in todays business world, the ability to implement and maintain new technology is one of the most vital ways for a company to survive and enhance its competitiveness. For many managers, the process of implementing new technology system requires adhering to the key steps in the implementation process. The otherRead MoreStrategy Implementation852 Words à |à 4 Pages :à à à à 1.à Action Planning à à à à 2.à Organization Structure à à à à 3.à Human Resources à à à à 4.à The Annual Business Plan à à à à 5.à Monitoring and Control à à à à 6.à Linkage. | | | | Action PlanningFirst, organizations successful at implementing strategy develop detailed action plans... chronological lists of action steps (tactics) which add the necessary detail to their strategies. And assign responsibility to a specific individualRead MoreCase Study : Named Food Fantastic Company1046 Words à |à 5 Pagestheir data center. Recently, the company issued a new system regarding payments that uses fingerprints bio coding. The reason for the review is basically the new implementation of such a huge system in which the company needs to make sure that they are complying with the SOX requirements and the auditing policies. Purpose After implementing the new payment system, a series of examinations must be implemented in order to figure out if the new system is complying with the controls. Comparing theRead MoreEssay on Strategic Program Management Worksheet1683 Words à |à 7 PagesStrategic Program Management Worksheet IMPLEMENTING ORGANIZATIONAL INITIATIVES The purpose of this assignment is to begin the process of Problem Based Learning. In this step, you will be looking at one or more realistic situations and using them, in the context of this course, to identify the key concepts involved that you will need to understand in order to solve whatever problems you might encounter in those situations. Complete the table below by identifying at least five concepts that youRead MoreTaking A Step Back To Juranââ¬â¢S Steps Once The Concept Of1215 Words à |à 5 Pagesdefinition of goals have been accepted by the sponsors there must be a determination of how to implement the quality management plan. Once the plan is accepted there must be steps taken to facilitate this plan to staff who will be responsible for the execution of the tasks and activities that will uphold the plan. Once the implementation has taken place and the quality management plan is actively in place for the organization there will be a need to mature the level of quality within the organization. OnceRead MoreInformation And Communication Technology At Campbell Soup Company898 Words à |à 4 Pagesand maintain the business system successful. 2.2. Responsibilities for ICT ïÆ'Ë Put in place well understood responsibilities for ICT [information and communication technology] throughout the organisation. After Campbell announced the project, at the first stage, they plan to organise several meetings to ensure all team member could clearly satisfy with the plan that they are trying to challenge and understand the accomplishment of the plan by explaining the whole picture of the plan and governanceRead MoreTechnology Information : Technology And Information Changes892 Words à |à 4 PagesTechnology and information changes are required. Cutting-edge chemical technology can make Woodson Chemical Company into a low-cost producer; the company must develop a plan to integrate each divisionââ¬â¢s responsibilities for consumersââ¬â¢ orders and information status. The important issues to consider when acquiring and implementing new technology are programmatic, technical, cost, schedule and sometimes supportability. 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A strong leader tends to possess certain qualities, including honesty, positive attitudes, commitment, inspire, delegate, confidence, and communication. Moreover, leaders should be able to strategize and organize a plan effectively in order for their organization to be successful in the healthcareRead MoreFin 370 Week2 Team Assignment Sta rbucks Essay1056 Words à |à 5 Pagestypes of plans are used to help the company reach its overall goals. The definition of financial planning states that it is ââ¬Å"a comprehensive evaluation of an investorââ¬â¢s current and future financial state by using currently known variable to predict future cash flows, asset values, and withdrawal plans.â⬠This definition helps us to understand that a financial plan determines the total worth of a company and can be used to help predict the future revenue that would come in or go out of the business. Now
Monday, December 9, 2019
Business Law and Ethics for Contractual Problems- myassignmenthelp
Question: Discuss about theBusiness Law and Ethics for Contractual Problems. Answer: Definition of Contract: Contract is a legal document where the parties give their consent over certain issues. The nature of the contract is that it has a binding nature (Bokor House Smith, 2016). The rule of contract follows civil traditions and the parties to the contract accrue certain rights and duties through the agreement. Simply, contract is an agreement that is binds by law. There are certain essential elements of the contract and the parties also have to be the capacity to enter into a contract. it is the well known principle of law that the person who did not attained the majority or who has no sound mind cannot be a party to the contract (Callea, Ingusci Chirumbolo, 2016). In the continent of New Zealand, an agreement of contract is governed by two types of law such as legal obligations made by parties through the contractual agreement and legal provisions imposed by the court. It has been mentioned under the law of New Zealand that the contract is formed with certain obligations and for certain consideration. The terms of the contractual agreement should be predictable and clear in nature (Sherwin, 2015). Difference between contract and other agreements: There is a phrase under the law of contract that every contract is agreement but not every agreement is contract. There are certain differences in between the contract and agreement, which are as follows: The contractual agreement should be enforceable by law, but ordinary agreements are not required to be bind by law. In case of the valid contract, legal involvement is mandatory, but in case of ordinary agreement, legal involvement is not mandatory. The nature of the contractual agreement is quite serious in nature, but not all the agreements are serious in nature. There are many agreements that can be of ordinary in nature (Griffith Zhao, 2015). The breach regarding the contractual agreement is more serious from the breach regarding the ordinary agreement. Difference between simple contract and deed: Both the contract and deed are the legal documents and they are written in nature (Gupta, Agarwal Khatri, 2016). However, there are certain differences take place in between both the terms that are as follows: Under the simple contract, the intention of the parties is important. Through the contract, both the parties wanted to engage themselves into legal relationships, and there is no necessity to sign the contract by certain witnesses. On the other hand, in case of deed, there must be certain provisions regarding the signature by the witnesses in front of whom the deed has been executed and the parties to the deed have put their signature in the deed (Wei et al., 2015). In case of simple contract, certain times have been mentioned and the terms are usually valid up to six years. Therefore, it can be stated that the party can make allegations regarding breach of contract within the mentioned period. No time limits have been prescribed in the deed and the potential advantage regarding the deed is that the statutory limitation of the deed is more than the contract. The deed affirms or confirms the right and interest of the person or the property and the nature of the deed are transferring in nature. In case of contract, rights and liabilities of the parties are not transferred rather it is established through the contract and the parties are bound by the law to protect these rights and interests (Moynihan Kroll, 2016). Elements of valid contract: Contract can be of three types such as valid, void and voidable. There are number of essentials ought to present in the contractual agreement to make it valid. If the requirements are not fulfilled, the contract will be considered as void. The elements of the valid contract are as follows: Offer and acceptance: Intention of the parties; Consideration; Capacity and A contract is an agreement that narrates the rights and liabilities of the parties regarding certain things and it consists of offer and acceptance regarding the subject matter (Bamfo-Agyei, Hackman Nani, 2015). These two terms are the traditional approach regarding the contract. According to Trietel, offer is an expression that denotes the willingness of a person regarding certain things and has an intention to bind himself legally. The offer consists of contractual intention. It has been provided in Smith v Hughes that not the intention of the party but the reasonableness of the party regarding the matter develops the offer. Nature of the contract is depending on the nature of the offer. If an offer has been made with an intention to get certain acts, the contract will become unilateral contract. the idea of unilateral contract can be demonstrated by the case Carlill v Carbolic Smoke Ball Co. Where the promise regarding the offer is exchanged, it becomes bilateral contract. When the other party to the contract agreed upon the offer made to him, it becomes acceptance. It is important to mention that the acceptance should be derived from the party freely, that should not be derived by way of misrepresentation or coercion. The acceptance must be communicated with the offeror. One of the essential elements of the contract is that the parties should have the intention to bind themselves legally. However, if there is an express provision stated in the contract to that effect so as to take the agreement otherwise, it will prevail that way. In case of Rose Frank Co. v JR Crompton Bros Ltd, it has been held that if the agreement comprised of the fact that there is no intention of the party to make contract, the same will be treated as a mere statement of facts. As the contract is an agreement enforceable by law, the parties must carry on legal intention regarding the same. Consideration is one of the essential elements in case of valid contract. In Dunlop v Selfridge, it was held that consideration is the price that is determined by the parties to the contract to make the agreement legal in nature. There are certain conditions regarding the capacity of the parties to the contract that is the parties must attain the age of majority or the parties should have sound mind. It is also mentioned that the parties to the contract should not be affected by bankruptcy and he should not be alien enemy in nature. Before a contract has been made, it is important to meet all the essential elements of the valid contract. if the elements are not meet properly, the agreement cannot be treated as a legal one and will be considered as a void agreement. Under the law of New Zealand, it has been mentioned that there are certain requirements fulfilled by the parties to make the contract valid. There are six essential elements present in the contract of whom two elements are required to make the contract a valid document. The first requirement is offer and acceptance to the offer and the second element is consideration. It is a well principle of law that unless there is an offer regarding the subject matter and the other party makes the acceptance regarding the same, an agreement cannot be treated as contract. In Carlill v Carbolic Smoke Ball Co, the principle regarding the offer and acceptance has been established. It has been mentioned in various legislation that in every contractual agreement, there shall have a provision regarding the consideration. The principle of the consideration has been proved in case of the New Zealand Shipping v Satterthwaite [1975]. Certain capacities are needed to enter into a contract or legally binding agreement. Capacity is one of the essential elements of contract. The term capacity denotes the ability of the person to enter into the contract. The capacity can be of certain types such as age of maturity, free from any mental illness, intoxicated person, bankruptcy and alien enemy. Facts of the case is that a tour plan had been chalked out between the customer and the tour guide regarding the travel to the Australia and Phuket. The customer to the agent has mentioned the travel agent accepted certain things including the accommodation and the entertainment program and the same (Carlson, 2013). However, after booking the hotel in Phuket, it has been observed by the customer that the requirements mentioned by her are not meet properly and they claim for damages from the travel company. The legal issue regarding the case is to determine whether the party can seek compensation from the travel agent or not. In case of contract, intention of the parties is one of the essential elements for the validity of the contract and the mentality of the parties is to be serious for the purpose. The Contract law of New Zealand deals with the provision regarding the intention of the parties regarding to create legal relationships. When the customer stated all the requirements regarding the hotel accommodation and amusement program and the same was accepted by the travel agent, it can be observed that there is an intention of the parties to bind themselves legally (Burrows, 2015). Contract law is governed the provision regarding the terms offer and acceptance. It means a proposal made by one party and the other parties with certain consideration have accepted the same. In this case, when the customer mentioned all the requirements regarding the accommodation and entertainment program, offer has been created in that case. When the travel agent agreed to the requirements made by the customer, acceptance is also created to the effect. Consideration means exchange of one thing for others. It denotes certain value as against the offer and acceptance of the parties. In this case consideration cropped up when the customer had made an offer regarding the accommodation and the agent agreed to provide the same in a particular hotel, consideration made by the customer when he accepted to stay at that specific hotel. The fact of the case is based on the capacity principle of the contract. in this case one young lady wanted to establish her business by taking loan from the bank (Lee Park, 2017). However, as she was quite junior, the baking authority went to her mother for signing the loan agreement as a guarantor. Her mother had been suffering from the brain haemorrhage since long and is questionable capacity to enter into the agreement with the bank. The issue of the case is whether the mother of the woman has the capacity to enter into the loan agreement or not. Capacity is one of the essentials of the contract and it can be stated that in order to enter into an agreement, the parties need to maintain all the rules regarding the terms properly. There is certain incapacities mentioned under the law among which capacity is essential (Poole, 2016). It is important that the contracting person must not suffer from any mental illness. However, in the case, it has been mentioned that the mother of the woman is suffering from brain haemorrhage and therefore, she is not able to enter into the contract. Facts: Michael was looking after his octogenarian father and used to make certain recommendations regarding the home affairs. He wanted to open a tattoo shop and asked his father sum of money and when his father denied providing the money, he started to create pressure on him to obtain money. After getting the money, he termed the transaction as investment. Issue: The main issue of the case is to determine whether the money given by the father of Michael is investment or not. An agreement can be illegal in nature if the purpose of the agreement is not based on legal outcomes. It is important that every party to the contract will follow the legal rules and the intention of the parties must be opted to create legal relationship. An agreement that restrained the enforceable capacity of a contractual relation should be regarded as illegal agreement and to that extent, restraint to trade can be regarded as the illegal agreement. An agreement that restraint the trade will be regarded as void. The term restraint of trade has been discussed under the provision of the competition law. Facts: The present case is based on the provision of the performance of contract and principles regarding the discharge of contract. A retirement program has been contracted to be performed on a certain day. However, the program had been postponed and it was stated by the catering service that the all the contracted amount must be given. The catering service was informed about the postponement but the caterer has not listened to it and wasted all the food. Issue: The main issue of the case is to determine whether Boris had to pay full to the catering service regarding the foods or not. Advise: Boris need not pay full to the catering service as he had cancelled the event before making the foods; Boris can give $1,000 to the caterer as an advance regarding the standard order form. In case of every contractual relationship, there are certain terms and conditions mentioned and that depicts the rights and duties of the parties to the contract. Contract is a legal agreement and therefore, it is the utmost duty of the parties to maintain all the rules of the contract. However, any of the parties have failed to perform his duties according to the terms of the contract; he will be alleged to perform breach regarding the contract. It is of no doubt that when a person breached the terms of the contract, the other party had to face many problems. There are certain remedies available in such case. They are as follows: Damage: If one party to the contract has to suffer for the breach made by the other party, he can claim damage in the form of compensation. The damage can be of two types- general damage and special damage. Specific performance: In this case, damages are given on the performance base and not in the form of monetary base. Injunction: the other remedy is injunction. There are three kinds of injunctions- interlocutory, mandatory and prohibitory injunction. n case of the breach of contract, certain monetary damages are to be provided to the affected parties. There are certain kinds of damage such as compensatory damage, liquidation damage, punitive damage, nominal damage and restitution (Rohwer, Skrocki Malloy, 2016). In case of breach of contract, court will be provided the remedy regarding the specific performance if the victim asked for the remedy. It forced the party that breached the provision of contract to perform certain acts as per the will of the victim. Injunction restricts a party to do certain acts. There are injunctions like temporary injunction and permanent injunction. Reference: Bamfo-Agyei, E., Hackman, J. K., Nani, G. (2015). 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