Las Ferreterias de Mexico Essay Example

Las Ferreterias de Mexico Essay Introduction To find out whether or not Mr. Gonzales should implement the new compensation plan, we will initiate with a valuation of the proposed bonus plan that he is considering. This evaluation will include an analysis of the key decisions and the persons responsible for making the decision as well as a discussion of the proposed plan. Upon this analysis we will conclude whether it is a good idea to implement it and state our suggestions for a modification of the plan. Valuation of the proposed bonus plan Included in the new bonus plan are the store managers (SM), the regional managers (RM), and the corporate staff managers (CM). Not included are the CEO (Mr. Gonzalez) and the COO; their bonuses would be decided by the compensation committee of the board of directors. Furthermore all other employees not included in the plan would continue as before with a bonus in the range of 2%-5% of base salary. Each of the company’s 82 stores is operated by a SM, who has a lot of autonomy. The 82 store are organized into 9 geographical regions. The RMs are responsible for providing oversight and advice to the SMs, whom had little formal education. On the top of these two manager levels are the CMs, who are responsible for a range of centralized functions including purchasing, human resources, marketing, real estate, and investor relations. The proposed bonus plan consists of 4 million pesos plus 8 percent of the corporate income before bonuses and taxes in excess of 120 million pesos. The total bonus pool will be divided between the managers as following: SMs – 70%, RMs – 15%, and CMs – 15%. We will write a custom essay sample on Las Ferreterias de Mexico specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Las Ferreterias de Mexico specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Las Ferreterias de Mexico specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This year, the bonus pool will amount to 8,498,400 million pesos (all calculations: cf. the calculations for the Whiz Kids questions on the last page), meaning that the bonus pool will be divided by the different manager levels as following: †¢Store Managers5,948,880. 00 million pesos †¢Regional Managers1,274,760. 00 million pesos †¢Corporate Staff Managers1,274,760. 00 million pesos The SMs’ bonus pool will be divided among the store managers based in their relative proportion of bonus units earned. The maximum number of bonus units are 6, with a lower cutoff level at 5% ROI and a upper cutoff level at 11% ROI. These cutoffs stipulate an acceptable minimum performance, while restricting superior performance. Denying bonuses for exceptionally good efforts can be justified by the fact that the performance results can be good luck. Moreover it, to a certain degree, ensures that the managers will not be myopic, which again ensures that the company will show a more steady performance improvement over time. Another reason for the upper cutoff level on the incentive payments might be a desire of not paying lower-level mangers more than upper level managers. In this case, a SM gets 72,547. 32 pesos in average, RMs get 141,640. 00 pesos, and CMs get 254,952. 00 pesos. A top-performing SM cannot earn more than 118,189. 68 pesos in bonus. This is less than the CM’s bonus, so in this case the upper cutoff definitely ensures that the lower-level managers cannot earn more than the upper-level managers. The bonus pools will be assigned to managers based on their entity’s ROI, given by following formula: ROI = (bonus eligible revenues – expenses) / total store investments. Using ROI as the central measurement of performance causes some problems: †¢Accounting profit does not reflect the total value of the company and is therefore not a completely fair method †¢Management myopia: a ROI-focus stimulate shortsightedness, and can undermine long-term focus, which may not be in the interest of the corporation †¢Suboptimization – it may not be in the interest of the enterprise that individual regions will focus solely on the success of themselves rather than on the overall success of the company †¢Regional differences in e. . investment prices, local expenses etc. All bonuses will be paid in cash as soon as financial statements have been prepared. Beside the problems of using ROI as the central measurement element we see following problems with the new incentive plan: †¢Not all people are motivated by cash payment. Furthermore, cash bonuses can generate durability issues, i. e. eople spent the money right away and quickly forget s the joy of having performed well †¢The reward is not timely, as it is not necessarily given upon successes, but when the financial statement has been prepared which in the end of the day may reduce the motivational effect †¢The geographical location also has an important role in determining the success of the different stores; some stores have more favorable locations than other, and therefore enjoy higher bonuses An issue is also whether or not all stores should have the same performance standards. On one hand, motivational incentives are highly individual, and preferences may vary greatly across the regions. Tailoring reward packages to the individual employee’s preferences will undoubtedly have the highest motivational effect, but will not keep the incentive system at the lowest possible cost. It is difficult to implement such a tailored plan due to the vast scope of the project: it will require a huge amount of analysis and date to map down differences. So even though the motivational effect might be higher for an individual tailored incentive program, a single strategy with common performance standards for all stores may be much easier and cost-efficient to implement. The new bonuses are greater than before, and should therefore stipulate improved operating efficiencies. Since ROI is the central element in calculating the bonuses, there is a risk of suboptimization, but since the bonus is partially determined through the corporate profit, the managers should also be concerned with the overall operating efficiency of the company. Ultimately an improvement within operating efficiency should lead to an increase in market shares. By tieing the rewards of the employees to the overall performance of the company, it would inevitably commit them – given that the employees have sufficient possibilities for influencing the results. In this case, the managers have a lot of responsibility and have many channels by which they can control and influence the results. Nevertheless, basing the bonuses partly on a group effort enforce cultural controls, as the employees are more alert of what their colleagues are doing, hence controlling whether they are working efficiently enough; â€Å"get to work; you’re hurting my profit sharing†. In this way, it makes good sense to base the bonuses on a proportion of corporate profit. Proposals for modification of the compensation plan The SMs have a lot of responsibility which is not corresponding to their level of education and their level of bonus. Compared to the RMs and CMs, who are better educated and have more experience, however, the bonus levels are fair. Thus it will be difficult to justify a higher bonus-level for the SMs, based on their current educational level. A possible solution will be to make a compulsory training program in finance and management. When the SMs have passed the courses, they will be qualified to receive a larger bonus. The training program will be an overall gain for the whole enterprise, since they will have more competent employees. So even though this extension does not make the incentive plan cheaper, it will be a gain for the company in the long run. Moreover, the further-training program will be personally satisfying for the managers. Another solution to what we see as the too-much responsibility-compared-to-bonus-problem, would be to enhance the upper cutoff level. Since Mr. Gonzales is concerned about the increased compensation expenses he should consider to lower the bonus pool and implement some non-monetary rewards, as they are often more motivating and durable. An example could be to recognize and communicate particular good performance throughout the company. An alternative idea to pay cash directly could be to reward the managers by some sort of stock option. This would further commit the managers to the company, and would probably be motivating since they have sufficient authority to influence the actual performance of the company. To find a solution for the personnel not included in the plan, i. e. store employees and regional sales and corporate purchasing staff, we suggest modifying the current discretionary bonus awards. Instead of Gonzales being responsible for giving these rewards, we suggest that this authority is delegated to the store managers and regional managers, respectively. These managers are in daily contact with the â€Å"neglected† employees, and it therefore seems more fair that they delegate the rewards. In this way the bonus system will be more motivating for the personnel. Whiz Kids Competition Number of managers% of bonus pool Store Managers:8270% Regional Managers:915% Corporate Managers:515% Bonus Pool 4. 000. 000+(8% of corporate income before taxes and bonuses in excess of 120000000) 4. 000. 000+(0,08*(176. 230. 000-120. 000. 000)) 8. 498. 400 The bonus pool is then divided between the different groups: Store Managers:70%*8. 498. 400= 5. 948. 880,00 Regional Managers:15%*8. 98. 400= 1. 274. 760,00 Corporate Managers:15%*8. 498. 400= 1. 274. 760,00 To find the average amount per manager we divide the pools by the number of managers in the specific group Store Managers:5. 948. 880/82= 72. 547,32 Regional Managers:1. 274. 760/9= 141. 640,00 Corporate Managers:1. 274. 760/5= 254. 952,00 The bonus pool for the top performing store managers : Total units in the bonus plan 6*1+9*2+11*3+20*4+15*5+8*6+4*6+3*6= 302,00 Average pay per unit:5. 948. 880/302= 19. 698,28 Store top performing managers (6 units)= 118,189,68

Biological Influences Essay Example

Biological Influences Essay Example Biological Influences Paper Biological Influences Paper Of the four experiments that I conducted were presented, I decided to conduct experiments 1, 2 and 4. In experiment 1, I would rate the coarseness of the sandpaper as 7 (very coarse) but after the second time that I rubbed it, my fingers felt as if they were already numb from the coarseness of the sandpaper. In experiment 2, the taste of the fresh water surprised me because it tasted a little sweet, just like the taste of the cup with sugar on it. I tasted the freshwater a couple of times more and it tasted â€Å"normal† after five drinking. In the last experiment, the thought of submerging my hands into a hot bowl of water was actually scary so it took a few encouragements to do it. When I dipped my hands in the two bowls, I could not almost feel the cold water because my mind was preoccupied with the hot water. When the 3 minutes was over, I quickly dipped both hands into the bowl with lukewarm water and interestingly enough, both felt warm. It was if heat was disseminated all throughout the middle bowl. Both hands had a neutral lukewarm feeling. In all the three experiments, adaptation was observed and based from the observations that were gathered form the experiment, adaptation is an innate human ability to cope with the changes in his environment which is triggered by some stimuli. There are actually two types of adaptation in this case. The first one is the sensory adaptation. This kind of adaptation was observed in the first two experiments. Sensory adaptation is most likely felt by our senses- nose, ears, skin, etc. after our receptors has recovered from fatigue (Sensory adaptation, 2001). In the experiments where sensory adaptation occurred, the stimuli were capture/felt by our senses- namely sense of touch and taste. I first â€Å"conditioned† my senses and by doing such, I was able to â€Å"trick† my senses of sensations- whereas, causing them fatigue- when I was about to introduce them to a different stimulus, the after effect was still there. This means to say that the sensations that my receptors were able to gather is stuck in my brain and it still being processed. That is why, when I introduced a new stimulus, it took a little while before my nerves were able to adapt to the new sensations/stimulus. On the other hand, perceptual adaptation was observed in the last experiment that I conducted. Unlike sensory adaptation, perceptual adaptation is only perceived in our mind. It is us who sends a message to the brain if before the stimulus affects us. Hence, perceptual adaptation does not travel through our receptors and nerves but it is directly processed in our brain by external stimuli. (Steen, 2005) Both kinds of adaptations are stimulated by a stimulus and undergo a pathway- it just happened that their pathway is different. In perceptual adaptation, our senses are indirectly responsible for the sensations that our brain is processing whereas in sensory adaptation, sensations travel through our nerves and receptors before our brain processes it. Since there was no direct sensory system on which perceptual adaptation may travel, the brain therefore is the one responsible for it. It directly processes the information even before it can react to an external stimulus. The most prominent system that is involved is the reticular system by which it directs the focus of our attention somewhere else.

Globalization of Heaalthcare Research Paper Example | Topics and Well Written Essays - 750 words

Globalization of Heaalthcare - Research Paper Example This practice is relatively uncommon at the time but within a short time this practice will develop to global standards. Following are the reasons behind the globalization of healthcare. Some countries are known for their doctors and the technological advancements they have made in the field of medical and health care. That is why these countries have high medical costs due to their skilled and well known staff. Under developed countries are working hard towards development and which is why they offer better services. Goodwill among Different Countries: globalization of healthcare promotes goodwill and understanding among different countries. Globalization is any kind of exchange of goods and services between countries with the sole purpose of efficiency and better results. Outsourcing of services is one of the benefits for the developing countries that they are able to adopt standards, processes along with the language of the developed countries. Outsourcing of medical services can also influence the economic benefits because the developed countries will thrive when individuals from developed countries will travel to their countries in order to seek medical help. IMPROVES PRODUCTION OF GOOD AND SERVICES: globalization of health provides a platform to improve their production of goods and services of countries by sharing their expertise and international cooperation. Globalization also influence the technology and help create educated and internet savvy consumers. Different countries come together and they promote their new technological advancements which help under developed countries to exhilarate. healthcare globalization can stifle development: globalization is one of the reasons for the downfall in growth in many countries. It imposes negative advent effects on the growth of under developed countries in the field of health care. There are two

Gender Roles Set in Stone Essay Example | Topics and Well Written Essays - 500 words

Gender Roles Set in Stone - Essay Example They glorified their nudities not only as a mode of stratification but also as a type of life. Woman of Willendorf is a perfect representation of a woman in the early societies. Just as with any other sculpture at the time, the woman is nude. In her nudity, her fertility features are conspicuous. Such features as her large breasts, developed hips and a large pelvic girdle are visible. Such features portray the vital role the women played in the society. Women embodied reproduction in the society. Her fertility features show this thereby presenting her as an established woman of the time. The sculptor emphasized her fertility and child bearing features owing to the childbearing role that women played. A perfect woman was fertile thus had children. Additionally, the sculpture lacks a definite face. The wears a unique headgear hat covers both her head and parts of her face thus concealing her face. Other primary feature of the sculpture was its lack of legs. The statue does not stand on its own. The lack of legs coupled with the concealed face is two primary features included in the sculpture deliberately in an attempt to portray gender roles. Women relied on their husbands and the rest of the society by extrapolation. As such, they relied on their male counterparts who provided and protected the families. The concealed face has a spiritual connotation. Women in the prehistoric society upheld stringent religious values, which they believed, played significant roles in enhancing their fertility and childbearing role. Additionally, concealing the face of the woman shows the society’s interest in her face among other externalities (Adovasio, Jake and Olga 112). Statue of a kouros on the other hand presents the position and roles of the youth in the society. The youthful nude male stands majestically in perfect symmetry. This portrays the features of the youth in the prehistoric society as captured by

Asthma Essay With Conclusions

Asthma Essay With Conclusions Asthma is one of the major chronic respiratory conditions which alter the respiratory function of the body. The World Health Organisation or WHO (2012) defines asthma as a chronic inflammatory disease of the airways characterised by frequent episodes of breathlessness and wheezing. This difficulty in breathing is caused by the swelling and constricting of the airways. Exposure to allergens, pollutants, cold air, infection and exercise can increase the risk of asthmatics having an attack (Funnel, Koutoukidis and Lawrence 2009). This essay will discuss on the pathophysiology, diagnosis, medical management and clinical manifestations of asthma. It will also cover the client education needed to provide for those with asthma, asthmas risk factors and its prognosis. According to the National Asthma Council of Australia or NACA (2006) more than 2.2 million Australians are suffering from asthma. This essay will therefore also describe how asthma impacts on its victims and their life style. Kaufman (2011) describes the pathophysiology of asthma as a pathologic condition which affects the lower respiratory tract by narrowing the airways as a result of epithelial damage, excessive mucus production, oedema, bronchoconstriction and muscle damage. In asthma the cells in the epithelium layer can be destroyed and peel away, making the respiratory tract more susceptible to allergens and infections, thereby contributing to airway hyper-responsiveness (Kaufman 2011). Asthma also triggers the development of mucus cells and mucus glands. This increases mucus production, thus forming mucous plugs which can obstruct the airways (Monahan et al. 2007). Airway oedema is another change that occurs in the respiratory tract due to asthma. It involves the dilation and leaking of capillaries in the airway walls which limits airflow (Kaufman 2011). Monahan et al. (2007) add that increased capillary permeability and leakage can obstruct the airways due to swelling. They also explain that the i nflammatory agents such as histamine, tryptase, leukotriences and prostaglandins act on smooth muscles of airway walls and cause bronchoconstriction which restricts the airflow to alveoli. Brown and Edwards (2012) write that wheezing, breathlessness, chest tightness and cough are the most common clinical manifestations of asthma. They can occur especially at night and in the early morning and can vary from person to person. It is not necessary to have all the symptoms at once as different symptoms can occur at different times. According to NACA (2006) frequent cough, feeling weak, wheezing after exercise, shortness of breath and sleeping difficulties can be early signs of asthma while severe wheezing, continuous cough, rapid breathing, anxiety, chest pain, blue lips and fingernails are the symptoms of severe asthma attacks. Diagnosing asthma can be done by obtaining a detailed history, performing physical examinations, pulmonary function testing, and laboratory assessments (Ignatavicius and Workman 2010) According to Ignatavicius and Workman (2010) it is important to ask patients about any experiences of having shortness of breath, cough, chest tightness, wheeze and increased mucus production as well as about their smoking habits and any family history of asthma. The same source write that physical examinations can be performed by listening to the patients chest for any wheezing sounds and observing respiratory effort by assessing the respiratory rate and examining whether the patient is using any accessory muscles to breathe. They add that the shape of the chest also needs to be examined, as a barrel-shaped chest can be a sign of prolonged asthma. In addition, the oral mucosa and nail beds need to be examined for any bluish tinge (Ignatavicius and Workman 2010). Ignatavicius and Workman (2010) write that pulmonary function tests (PFTs), usually using spirometry, are the most accurate tests that can be performed to diagnose asthma. According to the National Heart Lung and Blood Institute (2012) this test measures how much air the patient can breathe in and out as well as how fast the patient can exhale it. Christensen and Kockrow (2011) add that PFTs determine the reversibility of bronchoconstriction which helps to diagnose asthma. In addition, arterial blood gases testing (ABGs) and sputum for culture testing are both laboratory tests that can be used to diagnose asthma further. The results of ABGs are used to assess the oxygen and carbon dioxide levels in the blood during an asthma attack, while the presence of eosinophils is assessed in sputum testing (Monahan et al. 2007). Finally, chest X-rays can be used to track any changes in chest structure such as hyperinflation, mucous build up and lung collapse (Brown Edwards 2012). There is no known cure for asthma. Its medical management therefore involves managing its symptoms, either by maintaining stability with long term medications or quickly relieving symptoms of an attack (Brown Edwards 2012). Christensen and Kockrow (2011) write that maintenance drugs aim to prevent and minimize asthmas symptoms but need to be taken regularly. According to Tiziani (2010) these drugs are called symptom controllers. They include salmeterol and formoterol, (catergorised as long acting beta-2-agonists), and inhaled corticosteroids such as fluticasone and budesonide. Leukotriene modifiers are also used for the treatment of chronic asthma (Christensen and Kockrow 2011). Symptom relievers, on the other hand, are used for the immediate treatment and relief of symptoms in an acute asthma attack. They include short-acting beta-2 agonists (Salbutamol, terbutaline), oral or IV corticosteroids and epinephrine (Christensen and Kockrow 2011). According to Christensen and Kockrow (2011) short-acting beta-2-agonists are the most effective drugs for relieving asthma symptoms. They add that epinephrine can be administered subcutaneously and intramuscularly when asthmas symptoms cannot be relieved by beta-2-agonists. Oxygen therapy is also an essential immediately treatment for an acute asthma attack, write Christensen and Kockrow (2011). Because of the absence of a cure and a need for its management, client education on managing asthma is an important role undertaken by health care professionals. Clients should be educated about the signs and symptoms of asthma and its triggers, in order to lessen and prevent asthma attacks (Monahan et al. 2007). According to Ignatavicius and Workman (2010) clients should also be educated to assess their respiratory status, take their medication at the correct dosage and determine when to see their health professionals. Clients therefore need to be educated about the method of using peak flow meters, metered dose inhalers and inhalers with spacers. Monahan et al. (2007) add that a nurse should teach relaxation exercises to patients and the importance of not smoking. Ignatavicius and Workman (2010) describe that patients also need to be educated to have adequate rest and sleep, proper nutrition and fluid intake. According to NACA (2012) the risk factors of asthma are allergens, pollutants, drugs, infections, smoking, occupational factors, exercise and temperature change. Allergens known to trigger asthma include house dust mites, animal fur, moulds, pollens, tobacco smoke, bushfire smoke, paint fumes, household cleaning products and air pollutants (National Asthma Council Australia 2012). Asprin, other NSAIDs and complementary medicines can trigger asthma as well, according to Brown and Edwards (2012). Cold and flu can act as infection triggers while dust, chemicals and stress are considered occupational factors that can trigger an attack. The prognosis of asthma, however, is generally good because it can be managed by proper and timely treatment. According to Harvey (2011) most deaths from asthma are preventable, while mild to moderate asthma can be improved with proper management, making some adults symptom-free. Severe episodes also can be managed, depending on the treatment and the degree of obstruction in the airways. On the other hand, asthma causes irreversible problems in lung function for about 10% of patients even though it is well treated while poor treatment and control can lead to prolonged asthma and permanent disabilities (Harvey 2011). Other relevant information about asthma includes 235 million people suffering from it globally, with most asthma-related deaths occurring in lower and middle income countries (WHO 2012). In addition, the prevalence of asthma increases with the age and it is also more common in females than males after the teenage years (AIHW 2012). According to Andrews (2010) fruits and vegetables in the diet improve lung function while foods rich in Omega 3, (such as fish, sardines and salmon), helps to prevent asthmas symptoms. Asthma is a disease which affects people physically, psychologically and socially as well. Gelfland (2008) writes that its coughing, breathlessness, wheezing and chest tightness affects the wellbeing of the client, limiting their involving in normal day to day activities. He also states that the condition keeps some children from going to school and some adults from work. According to the Australian Centre for Asthma Monitoring or ACAM (2004) 20% of children with asthma report not being involved in any physical activities such as playing and riding bicycles and of feeling anger, frustration and social isolation. Asthmas limiting of activities means life is felt to be more difficult as assistance is needed for activities such as shopping and housework. The National Sleep Foundation (2011) describes how most people with asthma suffer from coughing, wheezing and short of breath in night which prevents them getting enough sleep and makes them more anxious and weak. The effects during an asthma attack can also be serious. Fear and anxiety can rise, even the fear of dying due to the experience of shortness of breath. Fear of an attack can cause constant anxiousness among some asthmatics (University of Chicago Department of Medicine 2007). Asthmas discomfort and stress can also make some persons more aggressive, or to lose control of their lives, leading to less self care in general (University of Chicago Department of Medicine 2007). ACAM (2004) adds that an asthmatic can feel embarrassment over taking their medications and can also develop stress and confusion as they try to understand their asthma. ACAM (2004) also describes an Australian study that showed children and adolescents with asthma having lower self esteem, more behavioural problems, poor physical and mental status and worse sole functioning dimensions than others without it. In addition, asthma can socially isolate people by restricting their participation in social events, limiting their working and other activities, taking more sick days at work and engaging in avoidance behaviour that impairs relationships with family, friends, relatives and colleagues (ACAM 2004). Asthma can also create financial problems due to long term work limitations and decreased education. Sufferers are therefore more likely to experience anxiety, stress and depression (ACAM 2004). Conclusion In conclusion asthma can be described as a chronic respiratory condition which can be identified by breathing difficulty, wheezing, cough and chest tightness. Narrowing and swelling of the airways and increased mucus production are the major episodes looked for to establish an asthma condition. Physical examinations, pulmonary function tests, blood tests and chest X-rays are also used to determine asthma. The medications used to manage asthma long term are symptom preventers and symptom controllers. Symptom reliever medications are used for the immediate control of its symptoms. Inhalation or ingestion of allergens and pollutants, exposure to cold weather, exercises, infections and occupational factors such as dust and chemicals can be considered asthmas risk factors, and healthcare professionals need to provide client education in order to prevent and minimize asthma attacks. Chronic asthma conditions affect client physical, psychological and social wellbeing.

The Magna Carta

1. Magna Carta [1215] (52): The Magna Carta was an agreement that insured protection of noble (feudal) liberties from usurpation by the King. The Magna Carta influenced the development of common law (legal precedent), as well as constitutional principles (as seen in the United States Constitution). 2. Chief Powhatan (59): Chief Powhatan was the chief of Algonquian-speaking villages (Powhatan Confederacy) in eastern Virginia, chief of about 10,000 Indians. Powhatan took 80% of the corn his people grew and traded that and hides for weapons. As a result, the English people took over his lands. . Mercantilism (163): Mercantilism was a national program that said that the total amount of the world’s gold and silver stayed the same and only what percent of that each nation had changed then one nation could only become richer by taking another’s gold and silver and taking over its trade. As a result, nations had to develop and protect its own shipping and had to take advantage of the colonies. 4. London (Virginia) Company (57): The Virginia Company was a joint-stock between the First Colony of London and the Second Colony of Plymouth. King James had them go on a religious mission to bring the Christian religion to the natives of the colonies. The settlers trying to change the natives religion led the relations between the two to become tenser. 5. John Smith (59): John Smith was appointed by the Virginia Company to manage Jamestown. Smith was strict and made everyone work. If settlers bickered, he imprisoned them, whipped them and forced them to work. He bargained with Indians and explored and mapped the Chesapeake region. Because of him, Jamestown survived, but he was not well liked by the colonists. . Jamestown (58): Jamestown was the first permanent colony in Virginia by the Virginia Company. The 105 men built a fort, huts, a storehouse and a church. Trade with the Indians and the teachings of the Indians were the only reason Jamestown initially survived. 7. John Rolfe (62): John Rolfe was the reason tobacco became a popular crop. He got a hold of some seeds and tobacco became popular. It had a big profit and he lped the economy. It also led indentured servants to come over, boosting the population. John Rolfe also married Pocahontas, Chief Powhatan’s daughter. She married John Rolfe and they moved to London. John Rolfe was the reason for the tobacco industry in the colonies and more stability between the colonists and Indians. 8. House of Burgesses: 9. Pocahontas (63): Pocahontas was the daughter of Chief Powhatan. She saved John Smith when he trespassed. Powhatan let Smith go in exchange for weapons, beads and trinkets. She was captured in 1614 by Jamestown to try and blackmail Powhatan. She ended up converting to Christianity, changed her named to Rebecca, and married, had a kid and moved to London with John Rolfe. She was a reason Indians and colonists relations improved. 10. Sir William Berkeley (64): Sir William Berkeley was Virginia’s royal governor starting in 1642 and stayed it for the next 35 years. Berkeley favored the richest planters and the commoners rebelled against him in Bacon’s Rebellion. In the end, Berkeley regained control. 11. Headright System (63): The headright system said that anyone who bought a share in The Virginia Company could get 50 acres and 50 more if they brought servants along. Sir Edwin Sandys instituted this reform. It helped the population grow. 12. Indentured servants (62): Indentured servants were people who couldn’t afford to go to America so in exchange for labor, planters would pay for their ride over. This increased the flow of immigrants to the colonies. 13. Bacon’s Rebellion (65): Lowered tobacco prices, rising taxes and freed servants wanting Indian lands contributed to Bacon’s Rebellion. Bacon’s Rebellion grew out of the hatred for Berkeley for favoring the rich planters and hating commoners. Freed indentured servants wanted land and led them to take the Indian’s land. Berkeley didn’t support them so they rebelled. The planters and Indians started to become violent. In 1676, Bacon defied Berkeley by taking command of a group of frontier men. Bacon wanted all Indians dead and Berkeley didn’t. Bacon’s rebellion was the first struggle of common folk versus aristocrats. Berkeley regained control after hanging 23 rebels. A royal commission made a peace treaty with the Indians. The results of the rebellion were new lands opened to colonists and wealthy become more cooperative with commoners. 14. William Bradford (69): William Bradford led 100 men, women and children to the colonies aboard the Mayflower. He and the pilgrims landed at Plymouth and they built on an abandoned Indian village. Bradford led to the Indians and Pilgrims having better relations with each other and Thanksgiving. 15. City on a Hill (72): John Winthrop envisioned the Massachusetts Bay Colony as a city on a hill. Winthrop used hill metaphorically to show that he felt they would above rest of the colonies. 16. John Winthrop (72): John Winthrop was the first governor of Massachusetts Bay Colony and wanted to use the colony as a refuge for Puritans. He took advantage of the charter by the Massachusetts Bay Company by taking its charter with them, transferring government authority so they could have local control. 17. Pilgrims/separatists (69): The Pilgrims were part of the most radical section of Puritans, the Separatists (Nonconformists). They didn’t like the Church of England and decided it couldn’t be fixed so they would create their own godly congregations. Separatist leaders were imprisoned and sometimes hung. King James I wanted to eliminated them. As a result, they left and went to the colonies to escape. 18. Puritans (68): The Puritans were a group of English Protestants. The Puritans in England executed King Charles and made his son the king. The Puritans settled in New England. They were very religions and claimed to be on a divine mission to create a model Christian society. 19. Massachusetts Bay Colony (72): Massachusetts Bay Colony was intended to be a holy commonwealth. Most of the Puritans there were Congregationalists who formed self-governing churches. 20. Plymouth Colony (69): Plymouth Colony held a land grant but had no charter of government form any English authority. The Mayflower Compact governed it. Its population never rose above 7,000. 21. Mayflower Compact (69): The Mayflower Compact was made by 41 Pilgrim leaders who entered into a formal agreement to obey the laws made by the leaders of their choosing. The Mayflower Compact was the primary source of government for Plymouth Colony. 22. Anne Hutchinson (77): Anne Hutchinson argued with Puritan leaders. She lived in Boston and held sermons in her home. Soon they become popular sermons led by her. She claimed that she got revelations from the Holy Spirit that convinced her that only a few Puritan ministers preached the appropriate covenant of grace. She said the rest of them were â€Å"godless hypocrites† and incompetent. 23. Predestination: Predestination is the Calvinist theory that God has predetermined who will go to heaven and who will go to hell. This led people such as Roger Williams to question why church was necessary. 24. Roger Williams (75): Roger Williams was one of the â€Å"purest of Puritans† and was troubled by the failure of the Massachusetts Nonconformists to get rid of the Church of England. He championed liberty and said that the true covenant was between God and the individual. He posed a question that if one’s salvation depends solely upon god’s grace and you can’t affect it, why even bother having churches? Why not just let people exercise their free will in worship? 25. Pequot War (82): The spark of the Pequot War was when settlers in Massachusetts accused a Pequot of murdering a colonist. The settlers got revenge by setting fire to a Pequot village. As the Pequot’s fled, the Puritans shot and killed them. The Pequot’s refuted by attacking the English. The colonists and their allies-the Narragansett- killed hundreds of Pequots. 26. Iroquois League (96): The Iroquois League was made up for 12,000 people governed by 50 chiefs. The chiefs made decisions for all the villages and acted as peacemakers. They seized Canadian hunting grounds and defeated western tribes to hunt beaver in the region to extinction. French and Indian allies gained the advantage over them and reduced their population by a third. The Iroquois made peace with the French in 1701. 27. Quakers (98): The Quakers were the most influential of the radical religious groups. George Fox founded them in 1647. They were an extremely tolerant group of people. They believed everyone should have complete religious freedom. 28. William Penn (98): William Penn was the founder of the Quaker colony of Pennsylvania. When he took control of Pennsylvania, there was already a scattering of religions and races and he made efforts to bring in more settlers of any religion as long as they believed in God. He offered land and the colony grew rapidly. He purchased land titles from the Indians and even learned an Indian language. The Indians and colonists lived side by side in peace. 29. Atlantic Slave Trade: When plantations increased, the need for slaves increased. This led to the creation of the Atlantic Slave Trade The Atlantic Slave Trade was the selling and transporting of African slaves across the Middle Passage. However, 1 in 7 slaves died during the trip. 30. Stono Slave Rebellion (123): Mistreated slaves rebelled against their masters. The slaves who participated in this rebellion were killed and their heads were set up on mile marks to warn other slaves not to rebel. 31. Triangular Trade (135): New Englanders shipped rum to Africa which they traded for slaves, took the slaves to the West Indies and returned home with molasses which they used to make rum. In another version, they shipped provisions to the West Indies, carried sugar and molasses to England and got good manufactured in Europe. 32. Halfway Covenant (139): In 1662, an assembly of Boston ministers accepted this. It said that baptized kids of church members could get halfway membership and secure baptism for their children in turn. They couldn’t vote in church nor take Communion though. 33. Salem Witch Hysteria (139): In 1691, several teenagers met in the kitchen of the village minister. Soon, the girls began to shout, bark, grovel and twitch for no reason. They told people that three women were Satan’s servants and tormenting them. The three women were arrested. At the hearing, the â€Å"afflicted† girls had fits. One of the accused confessed and gave names of other people who she claimed were working for the devil. The governor disbanded the witch court in Salem and ordered the remaining suspects should be released. Nineteen â€Å"witches† were dead and more than 100 were in jail. Some historians say that it was all about land feuds between people. Most of the accused defied the traditional female roles, which could have been another reason. In 1692, some of the afflicted girls shouted â€Å"a witch† and began acting possessed. No one noticed so the girls stopped and left meaning it all could have been for attention. 34. Ben Franklin (150): Ben Franklin published Poor Richard’s Almanac in 1732, which was a collection of homely maxims on success and happiness. He founded a library, a fire company, helped start University of Pennsylvania and organized a debating club that became the American Philosophical Society. He created the Franklin stove, lightening rod, and glass harmonica. He was a freethinker with no true religion. He believed that people could unlock the mysteries of the universe and shape their own destinies. 35. Poor Richard’s Almanac (150): Poor Richard’s Almanac was written in 1732 by Ben Franklin. It contained a collection of homely maxims on success and happiness. 36. Jonathon Edwards (154): Jonathon Edwards was a Congregationalist minister in Massachusetts. He believed that Christians became too preoccupied with money and that religion had become too intellectual causing it to lose its emotional force. He didn’t like people who had cast off religion. He described hell and heaven, which in turn led people to become more spiritual again. 7. George Whitefield (155): George Whitefield was a minister and the catalyst of the Great Awakening. He wanted to restore religious fervor the American congregations. He preached in Philadelphia, Georgia and New England. Even Ben Franklin went to see Whitefield preach. He was responsible for a lot of religious rebirths. 38. John Lock e (150): John Locke was a philosopher who argued that humanity is a product of the environment. Therefore, the best way to improve society and human nature was to use and improve reason. 39. Enlightenment (149): The Enlightenment was all about reason, science and freedoms. Enlightened thinkers were willing to disregard religious beliefs in favor of more rational ideas. As a result, the colonies became less religious. 40. Great Awakening (154): The Great Awakening affected all 13 of the colonies. George Whitefield basically started it. It led people to embrace religion again as they did before the Enlightenment. 41. New Lights (158): New Lights was one of the divisions of the Congregationalists. Many went over to the Baptists or Presbyterians. This was a result of the Great Awakening undermining churches. 42. Old Lights (158): Old Lights was one of the divisions of the Congregationalists. This was a result of the Great Awakening undermining churches. 43. Navigation Acts (163): The Navigation Act of 1651 required that goods imported to England or the colonies must be on English ships whose crew was mostly English. The Navigation Act of 1660 said that the crew had to be at least ? English, not just mostly. It also said certain goods could only be shipped to England or other English colonies. The Navigation Act of 1663 said that all colonial imports from Europe to the colonies be offloaded, and have duty paid on them before their reshipment to the colonies. The Navigation Acts gave England a monopoly over tobacco and sugar. 44. Salutary neglect (168): Salutary neglect was Walpole’s relaxed policy toward the colonies that gave them greater freedoms. It ultimately led to the colonies having political independence and seeking to become independent from England. 45. George Washington (178): George Washington went to the French fort Fort Le Bouef because the French built forts in Pennsylvania to defend their interests after England got control over more land near Virginia. He went and asked the French to move and they refused. He led volunteers and their Iroquois allies to built a fort where the French had built theirs. He led an ambush on the French. The deaths during were the first tragedies of the French and Indian War. George Washington surrendered after the French attacked a month later. 46. Albany Plan of Union (179): The Albany Congress created The Albany Plan of Union in 1754. It called for a chief executive, supreme governor, and a supreme assembly. It was the basis of the current democracy system. 7. King George III (183): King George III wanted to seek peace and eventually end the French and Indian War and he forced Pitt out of office. He gave England control of most of the United States. 48. Join or Die (180): Join or Die was the first political cartoon created by Ben Franklin. It was created to unite the colonies against the French in 1754. 49. French and Indian War (177): The French and Indian War began after Virginias crossed into French territory to trade with Indians and survey land granted to them by the king. This made the French mad. In 1755, a British fleet captured Nova Scotia and killed most of its French population. The French had a victory, which demonstrated that backwoods warfare depended upon Indian allies and frontier tactics. In 1756 the colonial war became the Seven Years’ War in Europe. Pitt offered people of the colonies subsidies for their help in the war effort. The tides turned in 1758 when the English captured a French fort and the Iroquois (French allies) called off attacks on the English. 50. Treaty of Paris of 1763 (183): The Treaty of Paris of 1763 ended the French and Indian War and ended French power in America. England took all French possession east of the Mississippi River and Spanish Florida. England invited the Spanish to stay there, but most left and sold their land really cheap to the English. The lands given to the English from the French weren’t the French’s to give, it was Indian land. The Indians struck back and killed people and raided forts. These attacks convinced most colonists that Indians were bad.

Commercial Law

ABDUL RASHID ABDUL MAJID v ISLAND GOLF PROPERTIES SDN BHD [1989] 3 MLJ 376 ISSUE In this case, the issues is whether the board was entitled to levy and collect fees known as development fees from members? PRINCIPLES The defendants owned, managed and operate a social golf club. Membership of the club is of the following types which are honorary membership, ordinary membership, ordinary transferable membership, subscribing membership, institutional corporate membership, expatriate transferable membership, ordinary social membership, term membership and visiting membership. Under the Rule 3 of the club’s rules provided, inter alia, that the club was a proprietary club, of which the defendants were the proprietors with a board of directors responsible for the policies, management and operation of the club. Rule 5 of the rules provided, inter alia, that all members shall not, by reason of his membership, be under any financial liability except for payment of his annual subscription and any other sums due under or levied under the rules and by laws to the defendants. The plaintiff is an ordinary transferable membership. The plaintiff applied to become a member of the club by submitting the necessary application form and duly executed a declaration contained therein which states, inter alia, that he accepted and agreed that the board of the defendants had sole responsible for the policies, management and operation of the club with the power to increase entrance fees and subscription and to levy and additional charges to meet expenditure and it also has the sole right to amend, vary, add to or formulate such rules, terms and conditions of the club including the withdrawal or addition of benefits and privileges of members as if may in its absolute discretion deem necessary. 1|Page The board sought to levy and collects the development fees pursuant to its power under the rules. Rule 33 of the club’s rules provided, inter alia, that the board shall be the sole authority for the interpretation of the rules and by laws made there under and that the decision of the board shall be final and binding on all members. The principle that is under Section 2 (a) of the Contracts Act 1950, a proposal is made when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence. Moreover, the proposal is invitation to treat which an invitation to make offer, negotiate or deal and has no legal consequence and cannot be accepted to bring a contract into existence. The communication of a proposal is complete when it comes to the knowledge of the person to whom it made which under Section 4(1) of the Contracts Act 1950. This means that an offer or proposal is effective once it is communicating to the offeree by the offeree. Besides that, under Section 10 of the Contracts Act 1950 is already mention that all agreement are contract if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. The situation is similar in the case of Bomanji Ardeshir Wadia & Ors v Secretary of State AIR (1929) PC 34 wherein it the decision of the Privy Council was said nothing is better settled than that when parties have entered into a formal contract that contract must be construed according to its own terms and be explained or interpreted by the antecedent communing which led up to it. Another related case is Baker v Jones & Ors (1954) 2 All ER Lynskey J said that the contract is contained in, or to be implied from the rules. The courts must consider such a contract as they would consider any other contract. Although parties to a contract may in general, make any contract they like, there are certain limitations imposed by public policy and one of those limitations may be that parties cannot, by contract, oust the ordinary courts from jurisdiction. 2|Page JUDGEMENT The court held that declaring that the defendants’ board was not entitled to levy and collects the fees because the plaintiff’s application for membership was merely a preliminary step. The offer for membership came from the defendants after they had considered the plaintiff’s application. The contract between the plaintiff accepted the offer by making the payment of the entrance fees and the first subscription. Therefore, the declaration in the application forms as not part of the contract. It is just an antecedent communication. The only contract between the plaintiff and the defendants was the rules of the club. The authority to levy fees must clearly be given by the rules of the club and there was no such authority under the rules. Rule 33 clearly made the board the sole authority for the interpretation of the rules and as it purported to oust the court from their jurisdiction the rule was contrary to public policy and therefore void. 3|Page CONCLUSION The conclusion for this case is the board was not entitled to levy and collect fees known as development fees from members. For the interpretation of the rules, this is contrary to public policy and therefore void. Thus, a declaration of intention or an invitation to treat, so, all fees collected as development fees are repaid to the plaintiff and costs to be paid by the defendants. Otherwise, the offer must be communicated to the offeree which under Section 9 of the Contract Act 1950 is the exercise of power by the offeree indicating his assent to the transaction in response to the offer. The communication of an offer or a proposal is deemed to have been made by any act or omission of the party proposing by which he intends to communicate the proposal or which has the effect of communicating it. Therefore, the declaration in the application form was not part of the contract unless the plaintiff make pay sum of the fees which binding the rules of the club. It is normal for parties in the course of preliminary negotiation to make statements to each other but not all statement can be taken as an offer that can be accepted to bring about a contract. 4|Page