The Postal Acceptance Rule Essay -- Business Law

Contractual agreement has always been viewed in terms of offer and acceptance. The universal principle to contract law has always been parties may get into an agreement in whichever way they deem fit and they are subject to certain terms as they choose. As far as legal requirements vital to their formation are binding contracts may be formed. Moreover a binding agreement may be manifested in terms of writing or in verbal form. One of the controversial issues in the law of contract formation has always been the issue of distance contracts. Matters regarding to the types of rules that should be used to govern this type of contracts have always been a topic of debate. One of these rules includes the age old Postal acceptance rule also known as the â€Å"postal rule† or the â€Å"Mailbox rule†. This paper seeks to examine the justification of the postal acceptance rule and its place in the modern world with the emergence of electronic means of communication Background Postal acceptance rule dates back in 1818 when it was established in a court case of (adam v lindsell) In this case the code had to reach a verdict on the moment of contract formation by post. Apparently the courts found out that the parties communicating acceptance through post office were never certain at the exact time the acceptance had been sent. Since postal communication is subject to delay, the involved parties could never be simultaneously aware of the acceptance of the communication, that is, the communication was non instantaneous. As a result this created a series of problems that in turn led to the formation of the postal acceptance rule that still is in so much use today The postal acceptance rule The postal acceptance rule as accepted in the law legal systems... ... Journal (1997): 13. poggi, chrisopher T. "Electronic commerce legislation :An analysis of European and American approaches to contract formation." Virginia journal of international (n.d.). rule", The electronic formation of contracts and the common law: "mailbox. baylor law review. 8 april 2004. scott, Dave. Should the postal acceptance rule be applied t email. 8 april 2012 . T, Poggi and Christopher. "Electronic Commerce Legislation: An analysis of European and American Approaches to Contract Formation." Virginia Journal OF International Law (2000): 224. watnick, valerie. THE ELECTRONIC FORMATION OF CONTRACTS AND THECOMMON LAW "mailbox rule". 6 november 2004. Yamaguchi, mikio. "The problem of delay in the Contract formation Process: A comparative study of contract law' ." cornell international law (2004): 357.

Brains vs Beauty

In the Tales from the Thousand and One Nights the women are represented as fraudulent, cunning characters using their sexuality to their benefit. Some of these women are portrayed as deceitful harlots, while others honestly use their sly wits and beauty to their advantage to obtain what they desire. In the time of the Tales, female sexuality was prevalent, so it’s not absurd to read about all the infidelity and sexuality in these stories; however it is interesting to see how each female character uses that to her benefit.Some women show to be evil minded while others have good intentions. Throughout the Tales from the Thousand and One Nights, there are different stories that Shahrazad tells, depicting the women in different manners. Some women were represented as deceitful whores, such as the wives of the kings in the Prologue of the Tales, others used their wit and knowledge to gain their desire, for example, Shahrazad, the story teller of the book. Shahrazad uses these women as examples to show King Shahriyar and his brother, Shahzaman that not all women are untrustworthy.They just know how to use what they have sexually and intellectually to gain control of a situation. By sexually, I don’t mean throwing themselves at different men; men are weak and will easily fall for anything a woman says if he thinks he will â€Å"benefit† from it. In â€Å"The Tale of King Shahriyar and his Brother Shahzaman† the two kings find out that their wives were frolicking about having affairs with different men. This is in the Prologue of the Tales, the two kings went on an expedition and ran into a woman, who happened to be the wife of a Jinnee, she threatened the brothers to please her or she shall wake the Jinnee.Once the fowl woman was done using the kings for her pleasure, she proceeded to pull out a string with ninety-eight rings on it. Each ring represented a man she had slept with. The kings were astonished but at the same time relieved, â₠¬Å"If such a thing could happen to a mighty Jinnee, then our misfortune is light indeed†(19). In the beginning stories, women look like they are the villains in the book, because they portray themselves to be indecent harlots. The kings at this point come to the conclusion that all women are they same, so they devise a plan to be with a virgin every night and kill her the next morning.The brothers will never feel the pain of a broken heart again. Sexual fidelity has always been the core social concern. Some of these tales prove that to be true. The kings refuse to let that happen to them again, so they come up with this plan. So as one can see, the women so far in the Tales hold a bad reputation, until King Shahriyar met the Vizier’s daughter, Shahrazad. Shahrazad, is also the storyteller of the Tales she begs her father to let her marry the king despite the fact that he wishes to kill her in the morning. She was very confident that she could sway the king’s deci sion of her dooming death.She devised a plan with her sister in high hopes that it will save her life. Shahrazad was going to ask for her sister, Dunyazad to bid her a farewell, and she was to ask Shahrazad to tell a â€Å"tale of marvel, so that the night may pass pleasantly†(23). The king agreed. In this story Shahrazad proves to use her wit to her advantage, although she knows that her death is possibly near she shows strength and confidence. She knows that if she can pull this off, not only will she save her own life and the life of any other of the kings victims, but also she will be made the wife of the king.She cunningly uses her knowledge to prolong her death. Shahrazad presents a number of representations of women throughout the stories in the Tales and does not rely on the stereotype presented at the beginning of the book when all women are perceived as harlots. In the story, â€Å"The Woman and Her Five Lovers† a young woman falls in love with young man who gets into a brawl and is imprisoned. The woman is distraught and thinks of a plan to free her lover. She goes to five men to help her achieve her goal. She goes to the Governor, the Vizier, the Cadi, and the King asking them to sign a petition to free her lover.Instead of telling them that he is her husband, she tells them that he is her brother and her sole support. The four men are so at awe with her beauty and sexual demeanor that they agree, but only if they can have her for one night. She convinces these men to meet her at her house, â€Å"it is more fitting that I should wait for you at my house, were there are neither slaves nor maidservants to intrude upon our privacy†(107). She then goes to a carpenter and asks him to build a cupboard of four large compartments, he said he’d do it with honor and free of charge if she would give him one night to himself.The sly woman agreed and in the midst of leaving told the carpenter she forgot she needed five cupboards, not four. The carpenter did as she ordered. One by one the men started to show at her house, she greeted each man kissing the ground before him and saying slick remarks such as, â€Å"first take of your clothes and your turban. You will be much more comfortable in this light robe and bonnet†(109). Not soon after there’d be a knock at the door, the woman would tell the men to quickly jump into the cupboard because that was her husband at the door.They all ended up in the cupboard, but the woman made sure to have all petitions signed so that her husband could be freed. Once the men were locked up, she rescued her lover. In this specific story, Shahrazad showed the King that not all women are unfaithful. She did use her sexuality to her benefit to connive these men into her ultimate goal, to free her lover. She used her wit just as Shahrazad had. This particular character in the book goes against the perception in the beginning of the Tales that all women are unfaithful.She might have been wrong per se because she deceived the five men, but she did it for her lover, which in turn, makes her a heroine in her lover’s eyes. The idiocy of the men to fall for her seductive demeanor leads them to an unpleasurable stay locked in a cupboard. In the times the Tales were told in, it was the norm for woman to be seductive, women knew that they had an advantage because men are weak when it comes to the desire of a beautiful lady. So in these tales, it is not unusual to read stories of such perversity.Some of the women used their sexuality as a tool for their own pleasure, while others respected their lover and bodies and used their brains to obtain their ultimate goal. These were the wise women of the stories. Most of the other women who were caught being unfaithful were killed, which again was routine punishment for their deceit. The women who used their brains over their bodies were rewarded with respect and love. Ultimately, Shahrazad, through her lesson s in the form of stories, she depicts women as not simply whores and tricksters, but as capable of wit, intelligence, and much more beyond sex and infidelity.

Change and Conflict Theories and Change Agent Essay

What does it take to for an organization to become successful? Research suggests that an effective institution is one that is infused with competent, motivated employees who have been molded to succeed. However, this process takes effort from both sound management and motivated employees. If either is not fully committed, then failure is sure to follow. On the other hand, if done properly, any organization will become enriched with employees who will constantly strive for perfection. The bottom line is that a well-mentored and motivated employee helps produce a successful organization. Before any organization can institute change, the management team must identify and understand the concept of change theory. In other words, he or she should have a clear picture of those internal and external forces that create successful situations and those circumstances that hinder progress. Three basic types of organizational change theories come to mind; they are environmental change, teleologica l change and life cycle change. The lecture notes describe environmental change, â€Å"that which involves situations and the environment around an individual or group. Environmental change is unplanned and a result of changes in the environment (South University, 2013). An example is Florence Nightingale’s Environmental Theory Defined Nursing: â€Å"The act of utilizing the environment of the patient to assist him in his recovery† (Journal of the American Psychiatric Nurses Association, 2010). This theory focuses on changing and influencing the environment in order to put the patient in the best possible conditions such as, having access to fresh air, pure water, cleanliness and sanitation. Nightingale considered a clean, well-ventilated, quiet environment essential for recovery (Nursing Theorists, n.d.). Teleological change theory is a repetitive sequence of implementation, evaluation and modification of an end state based on what was intended (Van de Ven & Sun, 2011). Teleological change or planned change is purposeful social construction among individuals within the organization undergoing change and individuals do not recognize the need for change (Van de Ven & Sun, 2011). Changes occur because management sees the need for change but may fail from lack of plans. This can be improved by teambuilding and training (Van de Ven & Sun, 2011). Another change theory is life cycle theory which describes the process of change as progressing through different stages and activitie s over time (Van de Ven & Sun, 2011). In most organizations, life cycle changes are based on  routines learned in the past for managing repeated changes in efficient and effective ways and how individuals are able to adapt (Van de Ven & Kangyong Sun, 2011). Organizations go through different life cycles similar to those of people. For example, people go through infancy, child-hood and early-teenage phases, which are characterized by rapid growth over a short period of time. Comparably, organizations go through start-up, growth, maturity, decline, renewal and death. A leader should take time to explain the change, how it will benefit the organization and how it will help to achieve the organization’s vision. The effect of change on the staff must be thought out and a plan must be implemented to avoid confrontational consequences. Most importantly, leaders should constantly communicate every detail as simply, clearly and extensively as possible. Conflict Theories Conflict theory focuses on the negative aspects of society. Contemporary theory say conflicts are expected between human beings, beneficial and are the result of change (Conflict management, n.d.). Social conflict pertains to each individual advancing their own interest, conflicting with the interests of others. Social conflict theory uses one’s own desires. Conflict evolves from two individuals wanting the same thing or wanting two different things. Thomas (1976), put conflict into two categories: cooperative and assertiveness (South University, 2013). The ones who end up controlling the majority of these resources exert their power over others with the use of inequality causing social conflict over the struggle of power. This way of thinking is derived from Karl Marx who saw society as being split into different groups all competing for the same social and economic resources. Social conflict theory is complex by inequality and conflict that cause social change. Organizationa l conflict is a dispute caused by apparent conflict of needs, values and interests between people working together. Organizational conflict theory enhances productivity, decision-making, cooperation, communication and employees who work together (Organizational conflict, 2013). Organization conflict in the workplace occurs from personality differences and personal problems such as childcare issues or family issues. Organizational factors that cause conflict are leadership and management styles, budget constraints and disagreements among staff members (Organizational conflict, 2013). Organizational conflicts can  also occur when two or more departments within the same organization compete for the same limited resources, such as budget, equipment and the need for additional staff. Organizational conflict can be negative to staff and the faculty. This constant competition can create stress and result in poor outcome for patients. This implies as an individual develops, they need to be given more responsibility and the opportunity to develop their potential (Organizational conflict, 2013). Another type of conflict is interpersonal conflict. This occurs when two nurses disagree on an issue. Interpersonal conflict can be noticeable when a person verbally attack s someone. Thus, the result can be damaging to the medical facility if patients witness the conflict (Dodge, 2009). Intrapersonal conflict may occur for a nurse who feels overwhelmed as she struggles to balance her job requirements with her personal life and beliefs (Dodge, 2009). Conflict resolution With the change in health care, conflict is certain to happen. Managing and addressing conflict and facilitating a healthy work environment is essential (South University, 2013). According to Follet and Deutsch, conflict could be constructive and not viewed as a weakness. Follet studied the effectiveness of handling interpersonal conflict in an organization with domination, compromise and integration (South University, 2013). In 1976, Thomas devised an effective way to handle conflict by accommodating, avoiding, collaborating with members of management and encouraging compromise (South University, 2013). Accommodating is the willingness to meet the needs of others at the expense of one’s own needs; in essence, keeping the peace is more important than â€Å"winning† a small battle. Avoiding conflict is trying to evade the conflict completely. This is a weak and ineffective approach. Collaborating is trying to meet the needs of all people involved. This style is important in order to bring together different viewpoints to make a decision or to agree on a solution. Competing is when one takes a firm stand on what he believes is true. This style is used as a position of power and expertise then used in situations that need an immediate answer. Compromising is when one tries to find a solution that satisfies everyone. This style is effective when the cost of conflict is higher then the cost of losing (Manktelow & Carlson, n.d.). Change Agent The Change Agent is a person who brings a positive change to the health care environment. Nurses play the role of change agent by bringing improvement (Nursing, 2011). An effective nurse leader, as a change agent, resolves conflict by incorporating communication with conflict resolution to get what they need accomplished on a day-to-day basis. Nurses dislike conflict and like to avoid it at all cost. Nurses take a passive approach to conflict management, calming the situation and not addressing it directly. Nurses do not confront the behavior for fear that it will only make matters worse (Blake & Young, 2013). The Change agent must identify the problem, the importance of the problem, address the people involved, and have the confidence to resolve it. Change agents need to implement plans to achieve and change goals (Grossman &Valigra, 2008). They must be proactive in order to address the issue or problem before it becomes a major conflict. An example of a conflict is a family memberà ¢â‚¬â„¢s request for a second opinion regarding the patient care. The nurse leader should have a nurse intervene and go to the family in order to help relieve their anxiety. She should be an active listener and remain calm. Nothing sets people off more than when they feel they are being ignored or patronized. It is easy to become emotional but it is not worth getting into a volatile discussion that ends in confrontation. Finally, she should seek a solution and work to come up with a solution or a compromise good for both parties. Nurse leaders use conflict resolution with collaboration. Both parties of the conflict confront the problem. The nurse leader takes equal concern for both sides by listening and communicating with the parties. Then both parties can collaborate and identify what they can agree on and evaluate the differences for a solution (South University, 2013). A situation that comes to my mind deals with a supervisor and a subordinate. During this interpersonal conflict, I witnessed on many occasions two strong-willed personalities clash that often ended in verbal altercations. In these situations, the subordinate is a highly self-centered female who cares little about those within hearing distance. On the other hand, our supervisor is very laid back and genuinely well- liked by most people. However, when the two came together, they clashed over the speed in which my co-worker completed her tasks. Although, she was very thorough with her work, it often meant that  she could not handle the same load as the others in the office. Therefore, as co-workers, we had to pick up the slack. This person did not deal well with how the conflict was resolved which often ended up with counsel for insubordination. The tension between the two grew more intense over a period of three to four years. This conflict ended when our supervisor resigned. Nurses in health care today use avoidance as a style for managing conflict which is usually counterproductive. This leads to stress and further conflict. Nurses who repeatedly avoid conflict hold onto the feelings of irritation, frustration or anger with themselves. Avoidance does not solve the problem or prevent the conflict. Competition can result from one individual or group gaining up on another. Attempts to solve conflict with power and control will result in unstable situations and negative communication. Lastly, competitive individuals fail to identify the concerns and needs of others (Handling conflict, n.d.). Conclusion In conclusion, for an organization to be successful, the management team and leaders must identify and understand the concept of change theory. Nurse leaders need to be aware of conflict that can occur with change in the health care environment. Nurses have difficulty with change because it can be related to interpersonal conflict, social conflict or organizational conflict. An effective leader is a change agent by being proactive, be an effective listener and have great communication. A change agent must identify the problem, the importance of the problem, know the people involved and have the confidence to resolve it. Nurses in health care today hinder the resolution of conflict by avoiding the conflict. The nurse leader can help by steering the conflict to a positive outcome. References Dodge, A. (2009, November 10). Types of Conflicts in Nursing | eHow. EHow. Retrieved October 18, 2013, from http://www.ehow.com/about_5630265_types-conflicts-nursing.html Habel, M., RN, MA. (2013). The Power of Change | CE365-60 Content. The Power of Change | CE365-60 Content. Retrieved October 18, 2013, from http://ce.nurse.com/content/ce365-60/the-power-of-change/ Handling conflict. (n.d.). SAGE – the Natural Home for Authors, Editors and Societies. Retrieved October 19, 2013, from http://www.sagepub.com/ Manktelow, J., & Carlson, A. (n.d.). Management training and leadership training, online. Mind Tools New Articles RSS. Retrieved October 19, 2013, from http://www.mindtools.com/ Journal of the American Psychiatric Nurses Association. (2010, November/December). 24th Annual Conference of the American Psychiatric Nurses Association (16), 366-387. Retrieved from http://jap.sagepub.com Blake, N., PhD, RN, CCRN & Young, C. (n.d.). How to be an effective charge nurse. Nursing Theorists. (n.d.). Nursing Theorists. Retrieved October 19, 2013, from http://currentnursing.com/nursing_theory/nursing_theorists.html Oberleitner, M. (n.d.). Theories models and frameworks from administration and management. University of Illinois at Chicago – UIC. Retrieved October 19, 2013, from http://www.uic.edu/ Organizational conflict. (2013, October 15). Wikipedia. Retrieved October 19, 2013, from http://en.wikipedia.org/wiki/Organizational_conflic t South University Online. (2013). Leadership in a Diverse Society: Week 3: Conflict Theories. Retrieved from www.myeclassonline.com Van de Ven, A. H., & Sun, K. (2011, August). Breakdowns in Inplementing Models of Organization Change. Academy of Management Perspectives, 25(3), pp. 58-74. Retrieved October 18, 2013, from http://www.neeley.tcu.edu