Business Law Case Study - 1411 Words

Case Summary: -Bob owns a Jewelry store -Sam operates electronic security equipment store -Bob and Sam are friends -Monday, Bob held a casual conversation with Sam about fitting his store with closed circuit television and the best available electronic locks -Tuesday, Sam sent Bob a Quotation of price Lists of models and List of price -Wednesday, Bob Replied BY POST. Choice of Supreme Model for camera -Posted to old address, Sam received on Saturday and emailed on the same day Will deliver the goods by Monday -Thursday, Bob wanted to cancel the contract, but couldn t reach Sam -Left a voice message, Sam received on Monday Bob does not wish to take and pay for the goods ADVISE in relation to Offer and Acceptance†¦show more content†¦The fact Bob has made his initial offer through post; making it reasonable for Sam to rely on postage to deliver his acceptance. However, Sam has accepted his offer through email. But, is an acceptance through email treated the same as an acceptance by mail? Following the United Nations Commission on International Trade Law, Article 15 stated that: -An email is deemed to have been received at a designated email address once it has entered a service provider s email system and would appear in a user s inbox when he logs on to the email account. (StudyGuide Page 8, 9) Essentially, this definition is the equivalent of an acceptance by letter, as the acceptance made through e-mail became effective when it is sent to the Bob s email address. It is irrelevant whether or not Bob has read the letter. Following the above reason, it is possible to conclude that the Postal Rule of Acceptance does apply in this case. Sam s acceptance through e-mail is effective as of Saturday. It is also important to note that, has Bob included in his offer, a term excluding the operation of postal rule, Sam would not be able to accept the offer by email. This is apparent in Holwell Securities v Hughes, where Postal rule did not apply. The offer contained an option that required the Plaintiff to produce a notice in writing to the Defendant. The mail was lost and never delivered toShow MoreRelatedBusiness Law Case Study1437 Words   |  6 Pagesï » ¿Business Law Case Study Module 4 PLAINTIFFS STATEMENT: The Parties – Alex Johnson vs. Bethlehem Ice Solutions    Opening Argument    Those familiar with skiing know that there are risks involved when one chooses to participate in the sport.   Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations.   The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were notRead MoreBusiness Law Case Study1954 Words   |  8 PagesCase Jonathan, a moneylender makes a loan of $1,000 to Sheba on Sheba’s representation that she is 19 years old. Sheba is in fact 17 years old. She enrolled for diploma course with a private college for $500, spent $200 on a holiday, and the balance of $300 on a mini hi-fi set. She now refuses to pay Jonathan. In this case, we are acting for Jonathan (plaintiff). Jonathan sues Sheba (defendant) because of free consent and capacity. Free consent that we talk is about misrepresentation whereas capacityRead MoreBusiness Law Case Study2352 Words   |  10 PagesLegal Issues in Management Final Case Study Christine Stout Southern Oregon University Business law – case study The case study of John and Stacey has so many complicated elements that apparently all the stakeholders involved apart from the two mentioned could sue or be sued against. This paper assumes that this is the scenario for this paper. The characters involved are John and Stacy, a restaurant owner, the owner of a townhouse, the owner of the mink on which John tripped and subsequentlyRead MoreBusiness Law Case Study2067 Words   |  9 PagesBusiness Law Case Study In the case presented, Biff Smith, the Chief of Police of the local department ordered a set of bicycles off of a local storeowner, Dirk Right. This was no simple order though, in fact Biff intended on starting a bike patrol unit within the local department. Biff went to Dirks Bicycle shop to place an order. The order was for five mountain bikes to be used for patrol so they had to be custom made in order to sport the police decals. Biff was very familiar with the SchwinnRead MoreBusiness Law: A Case Study1531 Words   |  6 PagesBusiness Law In business law, there are a number of procedures that are used in settling disputes. For cases, under $5,000.00, small claims court is utilized as a way to effectively litigate potential issues and come to a solution in a cost effective manner. This is when there are no attorneys present. Instead, each party will present their side of the story to the judge. They will bring forward their own witnesses and evidence to support their case. (Warner, 2012) To fully understand how it worksRead MoreBusiness Law Case Studies1035 Words   |  5 Pagesoriginal contract was agreed upon does not equate to fresh consideration. As addressed in Roscorla v Thomas, assurance was given after the contract was agreed upon and therefore, the plaintiff was unsuccessful in court. The same would apply to Bonnie’s case. Problem 3 a) Could both Michael and David sue Yvette for breach of contract when a contract existed only between Michael and Yvette, and if both contracting parties provided consideration? b) The rules that only a promisee can sue on a contractRead MoreBusiness Law Case Study1259 Words   |  6 Pages Case Study Case 1 A Sydney tramway passenger was injured in a collision with another tram, which occurred after the driver collapsed at the controls. The plaintiff argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as ‘dead man’s handle’, a system in use on Sydney’s trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause driversRead MoreCase Study : Business Law Case1557 Words   |  7 PagesBusiness Law Case 1: Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice? Solution/Advice 1 Choosing a Corporation/Company Structure - the business structure of a company/ corporation is highly recommended, it has the flexibility to gain more capital, or credit capabilityRead MoreBusiness Law - Case Study1905 Words   |  8 PagesTimber Yard. He made known to Frank, the sole proprietor, the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit. Two months later, problems arose which caused John to delay his business. John incurred financial losses. B. IDENTIFYING THE ISSUES 1.0 CONTRACT BETWEEN JOHN FRANK. It is obvious that there is a contract for the sales of goods between Frank and John. Therefore, terms implied by statute into the sales ofRead MoreBusiness Law - Case Study Assessment1310 Words   |  6 PagesBusiness Law --- Case Study Assessment Question 1: A.Register an Australian company through a number of business service providers who use software that deals directly with ASIC. Firstly, search business directories or the internet for ‘shelf company services’ or ‘Australian company registration’. Because these providers can also offer full company secretarial services covering registers, consents and share certificates. At the same time, we can complete the Application for registration as an Australian

Language Development of Deaf Infants and Children Essay

Language Development of Deaf Infants and Children My essay topic is the language development of deaf infants and children. In my opinion, this is an important topic to discuss, due to the lack of public knowledge concerning the deaf population. Through this essay, I wish to present how a child is diagnosed as having a hearing loss (including early warning signs), options that parents have for their children once diagnosed (specifically in relation to education of language), common speech teaching methods used today, typical language development for these children, and some emotional, social, and mental difficulties faced by the deaf child and the child’s family that have an immense effect on the child’s education. When most people†¦show more content†¦I want to state that, foremost, it is not my intent to advocate the teaching of speech and the English language to deaf children, nor is it my intent to advocate teaching a visual language. The decision of language for a deaf child is an extremely complicated and personal one, one that can only be made by the child’s family. This site also has limited space, and therefore does not include several facets of a deaf child’s development. This site is strictly limited to the development of language, whether it be visual or oral, and the controversies and research related to it. I also want to briefly point out the range of hearing impairments that a child can have. Even though a child may not be classified as â€Å"profoundly impaired† or deaf, this does not mean that the child will not face several of the obstacles a deaf child does. Therefore, even though this site is taken from a â€Å"worse case scenario† perspective, many of the methods and therapy situations may apply to those with less severe impairments. As a closing thought, please keep in mind the respect for â€Å"difference† that we all MUST have in this country. Deaf or hearing-impaired individuals are not necessarily â€Å"disabled†, but rather â€Å"different†. Although this difference may seem extremely complicated to the hearing world, it is one that is often embraced in the deaf world. Let us respect all people and their right to knowledge! Hopefully,Show MoreRelatedPre Lingual Hearing Loss, Or Deafness1420 Words   |  6 PagesPre lingual hearing loss, or deafness — â€Å"that is, severe to profound hearing impairment that prevents infants and young children from acquiring normally the capacity for intelligible speech† — affects tens of thousands of Americans (Murray, 1997). Accordingly, for this population of infants who were born severely or profoundly deaf and young children who became severely or profoundly deaf prior to developing any sort of communication, it is imperative t hat the child’s appointed professionals andRead MoreDeaf Studies And Deaf Education1736 Words   |  7 PagesMany of the cues used by the children or to categorize their reactions were auditory ones. If a parent called the child’s name, the child would often stop and look back to the mother. If the child heard a loud sound, they would look back to the mother for reassurance. Again, we see studies that indicate that the hearing capabilities of the child are valuable at least in examining the child’s responses, if not in creating the stimuli that the child is responding to in the first place. In theirRead MoreMaking Decisions For Children Is Difficult1511 Words   |  7 PagesMaking decisions for children is difficult; however, making decisions becomes even more complicated when the child has a hearing loss. Most parents know very little about hearing loss and the implications for their child. Before parents even have time to adjust to their child having a hearing loss, decisions need to be made and have no idea what is best for the child. Parents need to realize that just as all children are different, no one style of communication or educational assignment is rightRead MoreInnateness of Children’s Language Acquisition1371 Words   |  6 PagesThe subtlety of language acquisition has been the most fundamental question in the study of linguistics and human development. From Bow-wow Theory to Yo-He-Ho Theory, major theories on the origins and learnability of language have emerged in mid-20th century and heavily debated ever since. Among them, the idea of univer sal grammar in which is usually credited to linguist Noam Chomsky, remains the most notable and controversial theory over time. He introduced and developed the theory from 1950s toRead MoreThe subtlety of language acquisition has been the most fundamental question in the study of1500 Words   |  6 PagesThe subtlety of language acquisition has been the most fundamental question in the study of linguistics and human development. From Bow-wow Theory to Yo-He-Ho Theory, the major theories on language origins and learnability emerged at mid-20th century and has been heavily debated ever since. Among them, the idea of universal grammar in which is usually credited to linguist Noam Chomsky, remains the most notable and controversial theory over time. He introduced and developed the t heory from 1950sRead MoreThe Acquisition of Spoken Language in Deaf Children1839 Words   |  7 Pagesability to use language to communicate with the world around us. The capability to produce novel and co mplex sentences is a skill that every child learns if the conditions allow him or her to do so. What is most amazing about this is that children gain this capability in such a short amount of time. Within 5 years of life humans use the linguistic input of the world around them to produce novel ideas and thoughts. Regardless of where or how one lives, the process of acquiring language is often predictableRead MoreChilds Real Time Referential Processing Development1480 Words   |  6 PagesIntroduction Language processing has been a largely studied area of research over the past _ years. More recently, studies have looked into real-time referential processing abilities in children in order to understand how processing works as well as what contributes to levels of efficiency. Some factors that effect proficiency of this ability includes exposure to infant-directed speech, onset of exposure to first language, socioeconomic status, as well as various individual differences such as language impairmentsRead MoreLanguage Of Routines And Joint Attention Essay1107 Words   |  5 Pagesprovided to infants and toddlers who are at risk for, or showing signs of developmental delays† (Coleman, 1993). The intervention is individualized for each child and family and their specific needs. Thus, when the service providers work with the families, they can â€Å"create optimal environments for language learning† (Moeller, et. al., 2013). Research shows that language of routines and jo int attention are two successful evidence based practices families and interventionist can use with children who areRead MoreA Critical Evaluation Of Children Early Speech Perception And Implicated The `` Critical Period ``2005 Words   |  9 PagesIntroduction Infants are linguistic genius. Kuhl (2004, 2009) discovered that babies are born with the ability to make all the discrimination by languages of the world. Infants use computational strategies and statistically calculate the sound of their caregiver talking to discover all the phonemes and words. But babies lose the ability to hear those differences of other nonnative languages. Kuhl, Conboy, Padden, Nelson and Pruitt (2005) proposed the children early speech perception and implicatedRead MoreThe Effects Of A Deaf Child Cause Stress Within The Family887 Words   |  4 Pagescome together to conceive a child, their natural assumption is the child will also be a hearing person. However, that is not always the case. Over 90% of deaf children are born to hearing parents. The initial discovery of a deaf child causes stress within the family, because they are ignorant of Deaf culture within the US and also the abilities of deaf people. Nevertheless, despite the initial shock of the childà ¢â‚¬â„¢s inability to hear they are still able to bond together as a family and maintain a healthy

Objective of Education Is Learning Free Essays

string(169) " the explainers will find it sticking in their minds a lot longer, because they struggled to gain an understanding in the first place in a form clear enough to explain\." ‘The Objective of Education Is Learning’ *’The Objective of Education Is Learning, Not Teaching’* *In their book,** *Turning Learning Right Side Up: Putting Education Back on Track*, authors Russell L. Ackoff and Daniel Greenberg point out that today’s education system is seriously flawed — it focuses on teaching rather than learning. â€Å"Why should children — or adults — be asked to do something computers and related equipment can do much better than they can? † the authors ask in the following excerpt from the book. We will write a custom essay sample on Objective of Education Is Learning or any similar topic only for you Order Now â€Å"Why doesn’t education focus on what humans can do better than the machines and instruments they create? * â€Å"Education is an admirable thing, but it is well to remember from time to time that nothing that is worth learning can be taught. † — Oscar Wilde Traditional education focuses on teaching, not learning. It incorrectly assumes that for every ounce of teaching there is an ounce of learning by those who are taught. However, most of what we learn before, during, and after attending schools is learned without its being taught to us. A child learns such fundamental things as how to walk, talk, eat, dress, and so on without being taught these things. But are there intrinsic barriers to learning? Adults learn most of what they use at work or at leisure while at work or leisure. Most of what is taught in classroom settings is forgotten, and much or what is remembered is irrelevant. In most schools, memorization is mistaken for learning. Most of what is remembered is remembered only for a short time, but then is quickly forgotten. (How many remember how to take a square root or ever have a need to? ) Furthermore, even young children are aware of the fact that most of what is expected of them in school can better be done by computers, recording machines, cameras, and so on. They are treated as poor surrogates ; for such machines and instruments. Why should children — or adults, for that matter — be asked to do something computers and related equipment can do much better than they can? Why doesn’t education focus on what humans can do better than the machines and instruments they create? When those who have taught others are asked who in the classes learned most, virtually all of them say, â€Å"The teacher. † It is apparent to those who have taught that teaching is a better way to learn than being taught. Teaching enables the teacher to discover what one thinks about the subject being taught. Schools are upside down: Students should be teaching and faculty learning. After lecturing to undergraduates at a major university, I was accosted by a student who had attended the lecture. After some complimentary remarks, he asked, â€Å"How long ago did you teach your first class? † I responded, â€Å"In September of 1941. † â€Å"Wow! † The student said. â€Å"You mean to say you have been teaching for more than 60 years? † â€Å"Yes. † â€Å"When did you last teach a course in a subject that existed when you were a student? † This difficult question required some thought. After a pause, I said, â€Å"September of 1951. â€Å"Wow! You mean to say that everything you have taught in more than 50 years was not taught *to* you; you had to learn on your own? † â€Å"Right. † â€Å"You must be a pretty good learner. † I modestly agreed. The student then said, â€Å"What a shame you’re not that good a teacher. † The student had it right; what most faculty members are good at, if anything, is learning rather than teaching. Recall that in the one-room schoolhouse, students taught students. The teacher served as a guide and a resource but not as one who force-fed content into students’ minds. *Ways of Learning* There are many different ways of learning; teaching is only one of them. We learn a great deal on our own, in independent study or play. We learn a great deal interacting with others informally — sharing what we are learning with others and vice versa. We learn a great deal by doing, through trial and error. Long before there were schools as we know them, there was apprenticeship — learning how to do something by trying it under the guidance of one who knows how. For example, one can learn more architecture by having to design and build one’s own house than by taking any number of courses on the subject. When physicians are asked whether they leaned more in classes or during their internship, without exception they answer, â€Å"Internship. † In the educational process, students should be offered a wide variety of ways to learn, among which they could choose or with which they could experiment. They do not have to learn different things the same way. They should learn at a very early stage of â€Å"schooling† that learning how to learn is largely their responsibility — with the help they seek but that is not imposed on them. The objective of education is learning, not teaching. There are two ways that teaching is a powerful tool of learning. Let’s abandon for the moment the loaded word teaching, which is unfortunately all too closely linked to the notion of â€Å"talking at† or â€Å"lecturing,† and use instead the rather awkward phrase explaining something to someone else who wants to find out about it. One aspect of explaining something is getting yourself up to snuff on whatever it is that you are trying to explain. I can’t very well explain to you how Newton accounted for planetary motion if ; I haven’t boned up on my Newtonian mechanics first. This is a problem we all face all the time, when we are expected to explain something. (Wife asks, â€Å"How do we get to Valley Forge from home? † And husband, who does not want to admit he has no idea at all, excuses himself to go to the bathroom; he quickly Googles Mapquest to find out. ) This is one sense in which the one who explains learns the most, because the person to whom the explanation is made can afford to forget the explanation promptly in most cases; but the explainers will find it sticking in their minds a lot longer, because they struggled to gain an understanding in the first place in a form clear enough to explain. You read "Objective of Education Is Learning" in category "Essay examples" The second aspect of explaining something that leaves the explainer more enriched, and with a much deeper understanding of the subject, is this: To satisfy the person being addressed, to the point where that person can nod his head and say, â€Å"Ah, yes, now I understand! † explainers must not only get the matter to fit comfortably into their own worldview, into their own personal frame of reference for understanding the world around them, they also have to figure out how to link their frame of reference to the world view of the person receiving the explanation, so that the explanation can make sense to that person, too. This involves an intense effort on the part of the explainer to get into the other person’s mind, so to speak, and that exercise is at the heart of learning in general. For, by practicing repeatedly how to create links between my mind and another’s, I am reaching the very core of the art of learning from the ambient culture. Without that skill, I can only learn from direct experience; with that skill, I can learn from the experience of the whole world. Thus, whenever I struggle to explain something to someone else, and succeed in doing so, I am advancing my ability to learn from others, too. Learning through Explanation* This aspect of learning through explanation has been overlooked by most commentators. And that is a shame, because both aspects of learning are what makes the age mixing that takes place in the world at large such a valuable educational tool. Younger kids are always seeking answers from older kids –sometimes just slightly older kids (the seven-y ear old tapping the presumed life wisdom of the so-much-more-experienced nine year old), often much older kids. The older kids love it, and their abilities are exercised mightily in these interactions. They have to figure out what it is that they understand about the question being raised, and they have to figure out how to make their understanding comprehensible to the younger kids. The same process occurs over and over again in the world at large; this is why it is so important to keep communities multi-aged, and why it is so destructive to learning, and to the development of culture in general, to segregate certain ages (children, old people) from others. What went on in the one-room schoolhouse is much like what I have been talking about. In fact, I am not sure that the adult teacher in the one-room schoolhouse was always viewed as the best authority on any given subject! Long ago, I had an experience that illustrates that point perfectly. When our oldest son was eight years old, he hung around (and virtually worshiped) a very brilliant 13-year-old named Ernie, who loved science. Our son was curious about everything in the world. One day he asked me to explain some physical phenomenon that lay within the realm of what we have come to call â€Å"physics†; being a former professor of physics, I was considered a reasonable person to ask. So, I gave him an answer — the â€Å"right† answer, the one he would have found in books. He was greatly annoyed. â€Å"That’s not right! † he shouted, and when I expressed surprise at his response, and asked him why he would say so, his answer was immediate: â€Å"Ernie said so and so, which is totally different, and Ernie knows. It was an enlightening and delightful experience for me. It was clear that his faith in Ernie had been developed over a long time, from long experience with Ernie’s unfailing ability to build a bridge between their minds — perhaps more successfully, at least in certain areas, than I had been. One might wonder how on earth learning came to be seen primarily a result of teaching. Until quite recently, t he world’s great teachers were understood to be people who had something fresh to say about something to people who were interested in hearing their message. Moses, Socrates, Aristotle, Jesus — these were people who had original insights, and people came from far and wide to find out what those insights were. One can see most clearly in Plato’s dialogues that people did not come to Socrates to â€Å"learn philosophy,† but rather to hear Socrates’ version of philosophy (and his wicked and witty attacks on other people’s versions), just as they went to other philosophers to hear (and learn) their versions. In other words, teaching was understood as public exposure of an individual’s perspective, which anyone could take or leave, depending on whether they cared about it. No one in his right mind thought that the only way you could become a philosopher was by taking a course from one of those guys. On the contrary, you were expected to come up with your own original worldview if you aspired to the title of philosopher. This was true of any and every aspect of knowledge; you figured out how to learn it, and you exposed yourself to people who were willing to make their understanding public if you thought it could be a worthwhile part of your endeavor. That is the basis for the formation of universities in the Middle Ages — places where thinkers were willing to spend their time making their thoughts public. The only ones who got to stay were the ones whom other people (â€Å"students†) found relevant enough to their own personal quests to make listening to them worthwhile. By the way, this attitude toward teaching has not disappeared. When quantum theory was being developed in the second quarter of the twentieth century, aspiring atomic physicists traveled to the various places where different theorists were developing their thoughts, often in radically different directions. Students traveled to Bohr’s institute to find out how he viewed quantum theory, then to Heisenberg, to Einstein, to Schrodinger, to Dirac, and so on. What was true of physics was equally true of art, architecture†¦ you name it. It is still true today. One does not go to Pei to learn â€Å"architecture†; one goes to learn how he does it — that is, to see him â€Å"teach† by telling and showing you his approach. Schools should enable people to go where they want to go, not where others want them to. *Malaise of Mass Education* The trouble began when mass education was introduced. It was necessary To decide what skills and knowledge everyone has to have to be a productive citizen of a developed country in the industrial age – To make sure the way this information is defined and standardized, to fit into the standardization required by the industrial culture – To develop the means of describing and communicating the standardized information (textbooks, curricula) – To train people to comprehend the standardized material and master the means of transmitting it (teacher training, pedagogy) – To create places where the trainees (children) and the trainers (unfortunately called teachers, which gives them a status they do not deserve) can meet — so-called schools (again a term stolen from a much different milieu, endowing these new institutions with a dignity they also do not deserve) – And, to provide the coercive backing necessary to carry out this major cultural and social upheaval In keeping with all historic attempts to revolutionize the social order, The elite leaders who formulated the strategy, and those who implemented it, perverted the language, using terms that had attracted a great deal of respect in new ways that turned their meanings upside down, but helped make the new order palatable to a public that didn’t quite catch on. Every word — *teacher, student, school, disc ipline,* and so on — took on meanings diametrically opposed to what they had originally meant. Consider this one example from my recent experience. I attended a conference of school counselors, where the latest ideas in the realm of student counseling were being presented. I went to a session on the development of self-discipline and responsibility, wondering what these concepts mean to people embedded in traditional schooling. To me, self-discipline means the ability to pursue one’s goals without outside coercion; responsibility means taking appropriate action on one’s own initiative, without being goaded by others. To the people presenting the session, both concepts had to do solely with the child’s ability to do his or her assigned class work. They explained that a guidance counselor’s proper function was to get students to understand that responsible behavior meant doing their homework in a timely and effective manner, as prescribed, and self-discipline meant the determination to get that homework done. George Orwell was winking in the back of the room. Today, there are two worlds that use the word *education* with opposite meanings: one world consists of the schools and colleges (and even graduate schools) of our education complex, in which standardization prevails. In that world, an industrial training mega-structure strives to turn out identical replicas of a product called â€Å"people educated for the twenty-first century†; the second is the world of information, knowledge, and wisdom, in which the real population of the world resides when not incarcerated in schools. In that world, learning takes place like it always did, and teaching consists of imparting one’s wisdom, among other things, to voluntary listeners. 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