Law of Contract Assessment Essay Example | Topics and Well Written Essays - 2500 words

Law of Contract Assessment - Essay Example The competency of the parties to the contract is not under question. It is implied that there exists lawful consideration and the lawful object is the plot of land. Legal position of the seller and buyer Based on the validity of the contract, the legal position derived from the contract is fairly defined in this case. The question of building construction is extraneous to the contract, and going by the facts of the case, the performance of the contract is not contingent upon the building permission. This is also strengthened by the fact that the building permission has never been applied for. The statement of Holger made during the course of conversation with Jaki, the manager of SkyReach â€Å"of course, it [building permission by the local planning department] should be no problem. As I understand it, inner city development is a top priority here† is based on the information available to him, which could not be construed as a statement of an expert by a manager in a real est ate company who is expected to be more knowledgeable in the business. The seller of a property should disclose any material defect in the property. Concealing the information would be an act of fraud. It is only Holger’s understanding, and there is no guarantee or concealment involved. Also, â€Å"the plot is restricted to ‘educational purposes’ only† cannot be treated as defect in property as reservation for various purposes is common; SkyReach could not allege concealment of information, and the contract is also not conditional on specific use of the plot. This aspect is extraneous to the contract, and Jaki had a time of one week to verify the position before entering into the contract after his discussions with Holger. Analysis The permission has been rejected on the grounds that the use of the plot is restricted to ‘educational purposes’ only.   A close analysis of the facts of the case reveals that SkyReach has applied for building perm ission as a rightful owner of the property based on the contract, which it can’t renege. Secondly, reservation of the plot for ‘educational purpose’ exists already, which the SkyReach failed to verify. Thirdly, according to the facts of the case, the sale is not conditional with reference to the purpose for which the plot could be used. The sale of real estate property is enforceable by specific performance in the event of a breach of contract. There are defenses available against specific performance which would avoid specific performance, and the only defence that could be remotely considered as an action in equity is, ‘specific performance would cause severe hardship to SkyReach’, because other defences such as misbehavior and impossibility of performance are not relevant to the case. But, defence against specific performance is not possible due to the reasons discussed under ‘Legal position of the seller and buyer’, based on the fact s of the case and analysis. In Tamplin v James,[1]  Ã‚   defendant, the buyer failed to perform in the contract of sale on the grounds that that he expected that two pieces of garden formed part of the lot, when they were in fact held by a railway company and not the vendor. In this landmark case, the court decreed specific performance for purchase of the land. The defendant’s appeal was unanimously dismissed by the Court of

Local Government Strategy Training Materials Essay

Local Government Strategy Training Materials - Essay Example Part 1 section 1 clearly states the major purpose of this Act as the need to provide a democratic and effective local government that clearly recognizes the important diversity realized in the country (Local Government Online, 2013). 2) Indeed, the Local Government plays a very important role in New Zealand. In Part 2 Section 10 of the Act, the Local Governments are meant to provide effective governance to the community at the local level and provide a valuable contribution to the social, economic and political wellbeing of the people. The Act further grants the local governments the relevant powers and capacity to ensure they can fulfill their mandate as specified in the Act. The powers of the local authorities are subject to other provisions of the Act and this ensures accountability and consultation of the local governments with other relevant authorities. 3 a) The Principles of the Treaty of Waitangi originated from the case filed in the high court, in which the New Zealand Maori Council sought to ensure that the restructuring of the government did not interfere with the assets which had been owned by the Maori. The principles are therefore intended to ensure a maintaining of the proper working environment between the Maori and the wider community of New Zealand. In this regard, there must be a compromise from the two sides in order to meet the goals of the Principles. The focus here is to ensure partnership and mutual benefit in the context of protecting the interests of the Maori. The principles therefore stress upon good faith, partnership active protection and the importance of compromise from both parties to ensure a proper working relationship (New Zealand Legislation, 2013). b) The clause seeks to provide a framework through which the Maori can be involved in decision making in the local authorities in order to grant them the opportunities to address their challenges. In any case, the principles greatly stress upon the need for participation and cons ultation between the Maori and the wider community and this clause therefore stresses upon that important need. 4) A bylaw is essentially a form of law or rule that is established by a community or organization in order to regulate itself. The law is usually established in accordance with some higher law or authority. Bylaws are normally different with other laws since their only apply to the entity within which they are established. In commonwealth countries, bylaws are regulated by the central governments of the countries and should therefore meet specific guidelines as specified by the law. 5) The constitution of New Zealand recognizes the three branches of government and clearly stipulates their core mandates. The constitution stresses upon the â€Å"separation of powers† and the three government organs are therefore independent in terms of operations. The legislature, judiciary and executive are nevertheless expected to work in collaboration in order to ensure compliance with the law. The function of the parliament is to make laws while the executive exercises these laws. The judiciary is an independent body that is mandated to interpret and ensure compliance with the laws in the country. The executives expected to consult the Judiciary on legislative and policy proposals. In the same way, the three organs are expected to respect the functions of one another in order to promote separation of power

Fundamental Elements of a Story Essay Example for Free

Fundamental Elements of a Story Essay This essay is going to talk about three different points: What are the types of effect that the writer can leave on his readers by his story? How important is the writers style to make his story access into his readers minds? What are the possible ways that the writer could use to make his theme noticed in his story? What are the Different Ways a Story’s Format Affects the Reader’s Comprehension? Positive effect The format of the story must be effective for the reader; if the form of the story is well organized the readers comprehension will be affected. The writer must organize the story elements and build a connection between all of these elements. Negative effect The format of the story could be not effective for the reader because of unorganized story structure. The way that the writer is telling his point of view doesnt affect readers properly. In What Ways do the Style and Point of View in a Story Format Effects the Delivery of that Story? The style and the point of view are important because the writer is the story teller. When the writers point of view is cleared and detailed his story becomes effective (Story, 2007). How can the Theme be Evident throughout a Story’s Elements? The theme can be evident depending on how the writer includes it in the story elements. For example, according to critics Joseph Conrad in his novel Heart of Darkness showed his racist personality and negative attitude towards women (Student Resources, 2008). Conclusion A story acceptance depends on the style of the author; maybe most readers will love it or hate it. The writer could write a story in 2 different ways with one 1 theme; the level of acceptance will not be the same in both cases. References Elements of the Short Story. (2007). Retrieved October 20, 2008, from http://www. scribblingwomen. org/elements. htm Student Resources. (2008). Retrieved October 20, 2008, from http://www. josephconradsociety. org/student_resources. htm

Analysing Organization Change at Tesco

Analysing Organization Change at Tesco INTRODUCTION Tesco is a multinational chain of stores for retail with its headquarters in the United Kingdom. In 2008, Tesco became the fourth largest retailer in the world, displacing the fifth largest distributor Metro AG, the first movement of positions among the top five companies in the sector since 2003. Although originally specializing in food and drinks, it has diversified into areas such as clothing, electronics, financial services, selling and renting DVDs, compact discs, digital downloads , Internet service , telecommunications , medical and dental insurance and software. Companies that are able to compete successfully in todays rapidly changing business environment, which is characterized by globalization of the economy, exploding information technology, downsizing, restructuring, and new employer-employee relationships, must be ready to make significant changes in the way they operate. Changes can be realized in a number of areas. They can, for example, be observed in attitude or behaviour. Many major organizational changes, however, are technological ones. Sometimes these changes are not intended to change behaviour, but they almost always do in some respect. Another type of change is replacement of personnel; when top management is impatient with the pace of productivity, they often replace key individuals. Changes also occur in organizational structure, formal roles and jobs, control systems, work processes, and other elements of the organizations internal environment (Hough, 2003). The motivation for change typically stems from the fact that something is not working (e.g., continued negative feedback from customers, reduced profitability, threats of acquisition, or other market pressures). For most organizations, a crisis is the catalyst for change. While a crisis may be sufficient to initiate a change, it takes much more to successfully integrate the change into the work processes. Managers must have more than an extensive knowledge of the marketplace, how to compete in it, and what internal structures must be in place to make the company successful (Atuahene-Giman, Li, 2004). SIGNIFICANT ORGANISATIONAL CHANGE AT TESCO Organizational change is defined as the ability to adapt to different organizations transformations suffered by the environment inside or outside, through learning. Another definition is the set of variations on the structure of organizations and suffering that result in a new organizational behaviour. Recently, TESCO has come across a significant change in terms of introducing and implementing a self-service check out system throughout its network. The implementation of this new payment system at Tesco is undoubtedly a strategic plan change. This is because the self-check-out system is a new system that differs from normal or traditional payment terms in terms of carrying out transactions. The cash payment required operating through a teller, but the checkout system does not need any cashier. This Self-service brings a new procedure or method to facilitate the customers. The use of the new system serves customers in a better way and provides better service without having to spend so much time in the store. When introduced into Tesco, this self-checkout system helps clients improve shopping experience and also facilitate them for easy shopping. This was done to make customers feel part of Tesco. The customer in store will select the shopping from the shelves and move to the self ch eckout, scan and pay for the items. The intended effect is the synergy of both the self checkout and the cashier checkout. The objective of this task is to investigate the Tesco self-service machine. This introduction of self-service check outs was a strategic shift. It was first introduced in Dereham, Norfolk in 2003. The purpose of the system was to accelerate check out processes and reduce labour costs associated with retail outlets. This work is to study the triggers of change, the process involved and the benefits for the organization. MANAGING ORGANIZATIONAL CHANGE Lately, TESCO has confronted a substantial change in terms of introduction and implementation of self-service check out system throughout its branch network. Organizational change occurs when a company makes a transition from its current state to some desired future state. Managing organizational change is the process of planning and implementing change in organizations in such a way as to minimize employee resistance and cost to the organization, while also maximizing the effectiveness of the change effort. Therefore, the objective of this report revolves around the process used by TESCO to manage the implementation of the check-out system. Todays business environment requires companies to undergo changes almost constantly if they are to remain competitive. Factors such as globalization of markets and rapidly evolving technology force businesses to respond in order to survive. Such changes may be relatively minor-as in the case of installing a new software program-or quite major-as in the case of refocusing an overall marketing strategy. Organizations must change because their environments change, according to Thomas S. Bateman and Carl P. Zeithaml in their book Management: Function and Strategy. Today, businesses are bombarded by incredibly high rates of change from a frustratingly large number of sourcesà ¢Ã¢â€š ¬Ã‚ ¦. Inside pressures come from top managers and lower-level employees who push for change. Outside pressures come from changes in the legal, competitive, technological, and economic environments. (Bateman, Thomas , Zeithaml, 1989). In case of TESCO, both the internal and factors played their role in bring ing about the change. Organizational change initiatives often arise out of problems faced by a company. In some cases, however, companies are encouraged to change for other, more positive reasons. Change commonly occurs because the organization experiences some difficulty, Bateman and Zeithaml wrote. But sometimes the most constructive change takes place not because of problems but because of opportunities. The authors used the term performance gap to describe the difference between a companys actual performance and the performance of which it is capable. Recognition of a performance gap often provides the impetus for change, as companies strive to improve their performance to expected levels. This sort of gap is also where many entrepreneurs find opportunities to begin new businesses (Bateman, Thomas , Zeithaml, 1989). Unfortunately, as Thomas (1993) noted in an article for HR Focus, statistics show that many organizational change efforts fail. For example, 50 percent of quality improvement programs fail to meet their goals, and 30 percent of process reengineering efforts are unsuccessful. The most common reason that change efforts fail is that they encounter resistance from employees. Change appears threatening to many people, which makes it difficult to gain their support and commitment to implementing changes. Consequently, the ability to manage change effectively is a highly sought-after skill in managers. Companies need people who can contribute positively to their inevitable change efforts. The management at TESCO developed a set of objectives sales increment, cost effectiveness, customer satisfaction before implementing the change and measured these developed objectives to ensure success through the attainment of these developed objectives. AREAS OF ORGANIZATIONAL CHANGE Bateman and Zeithaml identified four major areas of organizational change: strategy, technology, structure, and people. All four areas are related, and companies often must institute changes in the other areas when they attempt to change one area. The first area, strategy changes, can take place on a large scale-for example, when a company shifts its resources to enter a new line of business-or on a small scale-for example, when a company makes productivity improvements in order to reduce costs (Bateman, Thomas , Zeithaml, 1989). There are three basic stages for a company making a strategic change:1) realizing that the current strategy is no longer suitable for the companys situation; 2) establishing a vision for the companys future direction; and 3) implementing the change and setting up new systems to support it. At TESCO, the management has followed the same process and stand efficacious in implanting the new system successfully. DRIVERS OF CHANGE There are four primary drivers of major work-place change. They are a change to the organizational structure, a new product or service, new management, and new technology. Organizational structure may change through major downsizing, outsourcing, acquisitions, or mergers. These actions are often accompanied by layoffs, particularly as certain positions become redundant. A new product or service has implications for changes in production, sales, and customer service. Additionally, by changing product or service the organization may face new competitors or new markets. New management, such as a change in chief executive officer or president, often brings a period of transition during which upper-level managers are likely to alter existing business processes and personnel policies. Finally, new technology can create vast changes to the organization. Technology can change the production process or the working conditions (i.e., telecommuting), and these changes may influence the skills th at employees use on the job (Gioia, Dennis , Thomas, James , 1996). The changes are caused by the interaction of forces, these are classified as: INTERNAL DRIVERS Internal drivers are those from within the organization, arising from the analysis of behaviour organizational and presented as alternative solutions, representing conditions of equilibrium, creating the need for structural rearrangement, is an example of these technological adaptations, changing strategies, methodological, policy changes, etc. EXTERNAL DRIVERS External drivers are those from outside the organization, creating the need for internal order changes are examples of this force: The government decrees, the standards of quality, limitations on the environment both physical and economic etc. DRIVERS OF CHANGE IN TESCO Over the years TESCO has been able to apply its strategies effectively and efficiently to become one of the big Global retailers in the world. Both, internal and external drivers have played their role in sparking the change at TESCO. The main triggers are discussed below: CREATION OF VALUE FOR CUSTOMER As part of TESCO strategy to retain existing customers and attract new ones, the Company decided to create more value for its customers. This resulted in the Implementation of the self-checkout system. TESCO wanted to make the shopping experience Exciting for the customers. GROWING CUSTOMER BASE The success of TESCO can be attributed to numerous factors one of which is its fast growing customer base. The self-checkout was implemented to ease congestion on Checkouts. With the implementation of the self-checkout customers do not have to stand in long boring queues to pay for their shopping. They can use the self-checkout which is simple and faster especially if the customer has purchased only a few items. TECHNOLOGICAL INNOVATIONS In view of the growing age of technology, it is essential for all organizations to enhance their technologies if they want to be successful. TESCO implemented the self-checkout to improve upon its operational efficiency. COMPETITION Competition among organizations is one of the common triggers of change in most Industries. TESCO implemented the self-checkout system to gain a competitive Advantage against its competitors. This also led to differentiation in the market as TESCO distinguished itself from the other retailers by the use of the self-checkout System. COST OF LABOUR One of the major aims of every business is to maximize profit. TESCO wanted to Increase its operational capacity at the front end and at the same time saves cost hence the use of the self-checkout. For instance instead of employing five cashiers to operate Five cashier checkout, only one cashier will be required to assist customers on five Self-checkouts. THE PROCESS OF ORGANISATIONAL CHANGE Every change effort should be accompanied by an action plan. Once a compelling reason to change has been identified, it is necessary to create a picture of what the change will require, how the organization will effect it, and what the organization will look like when the change has been implemented. Although each action plan for change will be unique, all plans should follow a basic structure: (1) identification of a course of action and allocation of resources to achieve the organizations change goals; (2) designation of the authority, responsibility, and relationships that will drive the change efforts; (3) determination of who will lead the change effort and the specific roles and responsibilities of these individuals; (4) a description of the procedures and processes that will expedite implementation of the change; (5) identification of the training that will be required to enable people to incorporate the change into their work processes; and (6) identification of the equipment , tools, or machinery that will affect the way work is accomplished (Atuahene-Giman, Li, 2004). Many organizational changes are initiated and implemented through the authority of top levels of management. The problems are defined and solutions are developed by top-level managers based on information that is gathered by others with help from a limited number of people. Once a decision is made, the changes are often communicated to people in the organization through memo, speech, policy statement, or verbal command. Since only a few people, usually at the top, are involved in making the decisions, the change is usually introduced very rapidly. However, this strategy has proved to be largely ineffective in dealing with organizational change processes, particularly for successful integration. A common misconception about carrying out a change is that it must be directed from the top. The foundation of successful change management lies in involving the people who will be affected by the change. Sharing responsibility for change is a process whereby those at the top and those at lower levels are jointly involved in identifying problems and/or developing solutions. Virtually continual interaction takes place between top and bottom levels. The shared responsibility or participative approach can be addressed in several ways: (1) Top management defines the problem and uses staff groups or consultants to gather information and develop solutions. These identified solutions are then communicated to lower-level groups in order to obtain reactions. The feedback from the lower levels is then used to modify the solution, and the communication process starts again. The assumption underlying this approach is that although involving others in the definition of the problem or its solution may be impractical, the solution can be improved and commitment obtained by involving lower levels. (2) Top management defines the problem but seeks involvement from lower levels by appointing task forces to develop solutions. The task forces provide recommendations to top management, where the final decision is made. These task forces are composed of people who will be affected by the change and have some level of expertise in the areas that will be affected by the proposed change. The assumption here is that those who have the expertise to solve the problems are those groups that are closer to the situation. Also, the groups commitment to the change may be made deeper by this involvement. (3) Task forces composed of people from all levels are formed to collect information about problems in the organization and to develop solutions. The underlying assumptions in this approach are that people at the top, middle, and lower levels are needed to develop quality solutions and that commitment must build at about the same rate at all levels. These approaches emphasizing shared responsibility usually take longer to implement but result in more commitment from all levels of the organization and more successful integration of the change into the work processes (Hough, 2003). CHANGE MANAGEMENT OBJECTIVES TESCO Before, implementing the change, TESCO devised the following objectives to measure the effectiveness of the organisational change. The developed objectives were: A significant increase in customer satisfaction To achieve cost effectiveness A substential increase in sales THE IMPLEMENTATION PROCESS The implementation of the TESCO self-checkout systems could be said to be a strategic Change. This is because the self-checkout is a new system which differs from the Normal checkout in terms of the way transactions are carried out. The cashier checkout requires a cashier to operate but the self-checkout does not require a cashier. The self-checkout brings a new procedure or method of serving Customers. The use of the self-checkout and the normal checkout give the customers an enhanced service without having to spend so much time in the store. The self-checkout when introduced in TESCO was to help improve upon the customers Shopping experience and also to make the shopping very easy. This was done to make the customers feel a part of TESCO. The customer in store will select the shopping from the shelves and move to the self-checkout, scan and pay for the items. The intended Effect is the synergy of both the self-checkout and the cashier checkout. RESISTANCE TO CHANGE Understanding the factors that drive change and how people react to change is critical to the successful implementation of change. It is part of human nature to resist change. People prefer the security of familiar surroundings and often do not react well to changes in their work or social environment. Resistance to change often takes some typical forms. One typical reaction is denial, which individuals use to protect themselves. Many managers assume that if people think the change is a good idea, they will not resist it. Why would the work force resist changes if the changes will fix what they wanted fixed? People may want change, but not necessarily the changes that have been identified in the plan. Workers may have their own ideas about what should change, and frequently the changes they think fix the problem involve someone else changing, not them. In addition workers may think the ways to make things better is simply to adjust and manipulate their work processes, not to implement the drastic changes identified in the proposed plan. Alternatively, workers may not think that is wrong with the current way of working. Often the process of changing looks too hard, looks like it will take too much energy, and seems confusing. A strictly structured change process often ignores the ingrained human resistance to change. When that happens, people who are affected by the change end up expending most of their time a nd energy figuring out how to stop the change or altering the change until it looks like something they can live with. If the desired change is not very desirable to the work force, managers need to find out why. Insufficient information about the driving force behind the change and the benefits expected from it is likely to cause distress among those affected by the change. People tend to act in their own perceived self-interest. Managers often think of change initiatives in broader terms, while the work force tends to think of it differently, in more narrow terms of how the change will affect their work. Sometimes managers forget or overlook this reaction to change. Effective strategies for organizational change involve an understanding of the human beings in the work force. RESISTENCE MANAGEMENT AT TESCO Effective planning is imperative in any organization if it is going to be successful in Its activities. The management of TESCO had to decide on the number of self-checkout they were going to begin with and in which of their stores they would be introduced first. The checkout leaders were trained to operate the self-checkout as they would be assisting the customers to use the new system although the self-checkout has a screen Demo which makes the system user friendly and easy to understand and operate. Some cashiers thought that the self-checkout was going to put them out of their jobs As automation of a system normally leads to the elimination of the manual aspect of The system and this made them insecure with their jobs. The managers had to educate the cashiers on the purpose of the self-checkout and the Potential benefits it was going to bring to both customers and the organization as a Whole. The purpose was to motivate the cashiers to be confident and welcome the Change. The ini tial implementation was a form of feasibility studies. The customers were encouraged to use the self-checkout with the assistance of the trained front end Leaders. Management observed the system for a period of time to determine the Number of customers that patronized it and also to get feedback from both the Customers and staffs. The positive feedback gave management the green light to introduce the self-checkout in other TESCO outlets. EXTENT TO WHICH CHANGE WAS SUCCESSFUL IN MEETING ITS OBJECTIVES This change management process (implementation of the self-checkout) has had an immense effect on the entire organization as it serves a major role in the customer Shopping experience and also impact positively on the sales of TESCO as an Organization. The major benefits of the self-checkout will be discussed below. INCREASE IN SALES In this marketing era where the customer is the focus of most companies, customers will always go to shops where they can get a good and timely service. TESCO being one of the worlds leading international retailers currently has 3000 self-checkouts in 750 stores. This is a great improvement since the self-checkout was first implemented. The number of self-checkouts in stores attracts more new customers as they know They can always leave the store in time through the use of the self-checkout. This Increases customer base which impacts positively on sales. 25% of TESCOs UK Transactions are through self-checkout (TESCO plc). This means that a quarter of UK TESCO sales can be accounted for by the use of the self-checkout systems. This is represented in the pie chart below as blue. COST EFFECTIVENESS This is an important factor to consider when planning any change management Process in any organization. According to TESCOs annual statement 2005, the self-checkout was introduced into 130 stores and over 850,000 customers use them every Week. The use of the self-checkout helps to save on labour cost as a number of the self-checkout systems could be operated without the need for a corresponding number of Cashiers. The self-checkout can compensate for the shortage of staff. However a Trained supervisor may be required to assist customers with the self-checkout in case Of any malfunctioning. CUSTOMER SATISFACTION The self-checkout has brought about good customer services as customers dont have To spend time in the store queuing to pay for their shopping. Datamonitor (2008) stated that the use of technology is one of the greatest ways to improve upon customer Satisfaction. This helps to build a good relationship with the customers which results in customer loyalty. In TESCOs annual report and financial statement, 1.5million customers prefer to use the self-checkout in more than 200 stores weekly. This shows that customers are very satisfied with the system and this also has a huge Impact on sales. CONCLUSION Although the self-checkout has been well received by retailers and their customers, there are a few challenges with the system. When customers buy loose items like tomatoes in a small bag without a barcode, it will be priced by the weight. The customer has to go through the menu of the self-checkout which often gets customers confused and frustrated especially those without any IT knowledge. Another problem is when a customer has only one item and scans it the system gives a warning if it is not placed in the bagging area. This often irritates customers. Minors also use the self-checkout to purchase alcohol and this could result in Tesco losing its License to sell alcohol. NEED FOR FURTHER CHANGES IN THE FUTURE In light of the difficulties discussed above, it is suggested that a supervisor or expert staff is positioned at the checkout area from the maiden of the store to closing to assist customers who come upon any difficulties using the system to circumvent any delays in transactions and also to check the id of anyone alleged to be a minor. The self-checkout should be upgraded to make it further users friendly and also to lessen the rate at which it reports errors.

The Curriculum For Excellence Has On Teacher Professionalism Education Essay

The Curriculum For Excellence Has On Teacher Professionalism Education Essay The existence of a relationship between curriculum policy and teacher professionalism would appear to be an established assumption. This is evident in claims that curriculum reform is often regarded as a threat to teacher professionalism (Al-Hinei 2003; Apple 2009; Locke et al. 2005). Most notably, it is often claimed that the level of prescription in the English National Curriculum, with the associated requirement to meet the prescribed outcomes, reflects a reduction of teacher autonomy in favour of accountability (Walsh 2006). It would seem, at this level then, possible to argue that a reduction in central prescription equates to an increase in teacher autonomy which in turn equates to an enhancement of teacher professionalism. To an extent this would seem to be an aim of recent curriculum reform in Scotland in the form of the Curriculum for Excellence (CfE). The first page of the first Building the Curriculum document that claims that teachers will have greater scope and space for professional decisions about what and how they should teach (Scottish Executive 2006:1). However, such a straightforward relationship between curriculum policy and teacher professionalism would, drawing on Evans (2008), be an over-simplification. Evans suggests that professionalism cannot be understood exclusively, through examining teachers remit and responsibilities (p.23), and rather we must consider teachers themselves understand their professional responsibilities. To an extent this would seem to be recognised in Scotlands curriculum reform, in for example claims that the reform requires a culture change (Scottish Government 2009a:5) and the emphasis on the need for professional development (Scottish Executive 2006:2). This suggests recognition that a change of teachers remit and responsibilities alone will not impact upon professionalism. In light of the perceived association between CfE and teacher professionalism both as representing being and requiring a change it becomes pertinent to consider the nature of the professional judgements that greater teacher autonomy over the content of the curriculum entails, and therefore the conception of professionalism it would seem to imply. This requires a consideration of the particular issues that are associated with the selection of curriculum content, and an examination of different conceptions of teacher professionalism. Curriculum First therefore, we must consider what is meant by curriculum. As a term it would seem to be notoriously hard to define, with a multitude of potentially conflicting definitions (Dillon 2009). Generally it can be suggested that curriculum does not refer to a list, or progression, of items to be taught. The curriculum addresses not only what is taught, but why and how teaching and learning takes place. As such, curricula reflect and promote beliefs about the aims and nature of education (Flinders Thornton 2009:8). They reflect different epistemological and pedagogical beliefs beliefs about the nature of knowledge and learning and teaching in, for example, their organisation of knowledge (Carr 1988), for example those that emphasise the separation of knowledge into subjects and those that favour integration of subject areas. However it should perhaps be noted that Carr (1988) argues that the epistemological and pedagogical bases of much curriculum policy is not entirely coherent. It should also be noted that the current discussion is centred around the concept of explicit curriculum (REF-moore?), curriculum as a statement of the planned or expected learning within a school context. Other conceptions regard curriculum to encompass all the experiences which impact upon a learners development (REF-Dillon?). However, notwithstanding the range of approaches to understanding and creating curricula, curriculum design necessarily entails a selection of what is to be taught. Different curriculum models may differ in both when and by whom this process of selection takes place. In a heavily prescriptive, centralised, curriculum much of the selection is being made by policy makers. At the other extreme, in a strongly child-centred curriculum, selection is largely made by the child based upon their interests. (BACK THIS UP). If we consider the CfE itself, it is evident that it cannot be considered to be placing the decision of what to teach solely in the hands of teachers. Priestley (2010:23) suggests that it reflects a trend in curriculum development in general, in which there is an attempt to draw on both top-down and bottom-up approaches to curriculum planning. A process of selection has already occurred at the national level in terms of the forms of knowledge and skills that are to be develop ed. Even within this clear framework of national expectations (Scottish Executive 2006:1), teachers do not have sole responsibility for curriculum content selection. In the pledge, all children and young people should experience personalisation and choice (Scottish Government 2008:17), there is an expectation that pupils will, to a certain extent, also be making decisions about curriculum content. Further, there is a strong emphasis upon collegiality, with teachers working together on curriculum development (Scottish Government 2009). However it clearly does aim to place more responsibility for choice in the hands of the teacher, and in doing so is potentially affecting the nature of teacher professionalism. Professionalism In order to examine this claim more closely it is necessary to consider the meaning of professionalism itself. As with curriculum, it would seem that professionalism is a difficult term to define with many different views as to what it really means (Al-Hinei 2003:41; Evans 2008). Generally however, the term profession may be regarded as indicating a distinct class or category of occupation consisting of jobs such as doctor or lawyer, and sometimes teacher (Carr 2000:22), to which a certain status may be attached. This should be regarded as distinct from the everyday use of professional as distinguished from amateur which focuses on whether or not an individual is paid (REF-Carr?). The purpose of regarding some occupations as professions differs according to different perspectives. Some regard it as a socially constructed concept, suggesting it is a means of preserving power and status with a certain group of people (Locke et al. 2005:558). Carr (:) suggests it refers to those occupations that are required to maintain civil society (health, justice and education). Others suggest that there are certain defining characteristics which mark out an occupation as fulfilling the criterion for profession (Locke et al 2005:558; Christie 2003:845). Whilst this diversity of views exists, there does seem to be a general sense that those occupations that are classed as professions involve a level of autonomy to make decisions, a distinct knowledge base or expertise, and some form of care or service to society (Carr 2000; Christie 2003; Goodson 2003; Locke et al. 2005). Professionalism itself may be perhaps regarded as the way in which we describe a profession in terms of its characteristics in relation to these concepts (Goodson 2003:126). In essence professionalism is concerned with considering the level of autonomy afforded to individuals by an occupation and the nature of the professional knowledge or expertise involved. In this way, the assertion referred to earlier, that the English National Curriculum is considered as a process of de-professionalisation, may be regarded as a belief that the level of prescription involved is reducing teacher autonomy and changing the nature of the expertise required to do the job. As such, the distinct characteristics of teaching are more narrowly defined. Carr (2000:15) refers to such a reduced autonomy and knowledge base as restricted professionalism. It is suggested that teaching is unique amongst the professions in terms of its balance between autonomy and accountability (Carr). As Locke et al (2005: 564) point out, there is a tension between professional autonomy and accountability. This unique accountability is related to the relationship between education and society. Education, or rather schooling, is essentially concerned with the kind of society we want to be (White 2004:2) and is often related to the economic health of a country (REF.). This is evident in the claim that the Curriculum for Excellence can play a significant role in achieving the Scottish Governments aim to make Scotland smarter, safer and stronger, wealthier and fairer, greener and healthier (Scottish Government 2008:3). It is from this notion of schooling as serving, and potentially shaping, society as a whole that it is suggested that schools and teachers are accountable in ways that other professions are not (Carr 2000:44). It is further suggested that teachers are also more accountable to parents and must accept the legitimacy of the views of non-professionals in a way that lawyers or doctors do not (Carr 2003:64). It may be as a result of this accountability to the state and parents that the dominant conception of teacher professionalism, in policy at least, has become that of the competent teacher with a focus on meeting prescribed standards. (Goodson 2003:127; Menter et al 2010:21). Viewing teacher professionalism in terms of standards is argued to potentially lead to a situation in which the professional knowledge base of teaching is purely related to practical skills, such as effective communication and the ability to manage behaviour (Goodson 2003:130). It is also argued that such a view of teacher professionalism can lead to unreflective application of rules (Hegarty 2000:456), rather than scrutinising and questioning policy and curricula. It would seem reasonable to associate a prescriptive curriculum with such a concept of teacher professionalism, as indeed Menter et al. (2010:22) do. This would however, seem an insufficient account of teacher professionalism to meet the requirements of a curriculum which gives teacher greater autonomy of what to teach. Therefore, through focussing on the specific issues which arise in relation to curriculum content selection, attention will be paid to models of professionalism which could perhaps be regarded as more appropriate. Two ideas will be addressed in relation to content selection. The first: the implications of regarding content selection as a pedagogical skill (REF) with teachers drawing on, for example, knowledge of child development. The second considers the implications of regarding curriculum as a selection of culture (Giroux 1980:228), pointing to content selection as having ethical implications. Curriculum Content Selection Viewing content selection as a pedagogical skill would perhaps reflect Whites (2004a:20) assertion that teachers expertise lies in deciding what specific aims and what pupil experiences best suit the particular children. In this case, teachers professional knowledge may be regarded as wider than that of practical skills, rather it involves drawing on pedagogical, subject specific knowledge and knowledge of child development, to select and order the content that makes up the curriculum (REF). The teacher is utilising their professional knowledge in order to make professional judgements as to the content which will move an individual to the next stage of development. Clearly this points to the need for some form of curriculum aims. As White (2004:6) points out, we cannot sensibly decide what to teach without reference to an aim, an indication as to what the next stage of development actually is. Applying such an understanding to the CfE, we can see that the overall curricular aims are set out in terms of the four capacities statements as to the type of person the curriculum seeks to develop (Learning and Teaching Scotland 2010). At a more detailed level, the experiences and outcomes describe the expectations for learning and progression for each of the eight curriculum areas (Learning and Teaching Scotland 2010). The teacher, then, would seem to have autonomy in choosing what they teach in order to achieve the expected learning. The need to make professional judgements of this nature would seem to point to a conception of a more enhanced professionalism than a more prescriptive curriculum, and may point to such models as the reflective teacher (Moore 2004:4). Such a model of professionalism is regarded as perceiving teaching as involving more than practical skills. Rather the teacher reflects upon their classroom practice, evaluating their teaching, perhaps drawing on their theoretical understanding with a view to improving and developing their teaching (Moore 2004). It could also relate to the concept of the enquiring teacher (Menter et al. 2010:23), in which teachers are regarded as researchers, drawing on observations in the classroom to inform their professional decisions in their planning. It is suggested that such a conception of the teacher is very apposite in the context of the Curriculum for Excellence (Menter et al. 2010:23), which seeks to give teachers greater autonomy in curriculum development. These models would certainly seem to extend the concept of teacher professionalism beyond that of the perceived technicism of the competent teacher. As such they may provide suitable models for teachers who are involved in the selection of curriculum content, placing an emphasis on teachers pedagogical expertise. However, if we turn to the second concept, an understanding of curriculum content as a selection of culture (Giroux 1980:228), understanding teacher professionalism in terms of pedagogical expertise may begin to seem inadequate. Culture, in its broadest sense, may be regarded as a whole way of life, encompassing all aspects of society including the knowledge, skills and activities, such as sport and recreation, of that society (Entwistle 1977:111). However, if we regard education as being, in some way, involved with betterment (Entwistle 1977:111), schooling cannot be concerned with all those things that make up a culture. Rather, Entwistle (1977:111), suggests that in schooling we select those aspects of culture which are regarded to be conducive to the improvement of the individual or group. This again points to a consideration of the aims of education: it is only through an awareness of what is regarded as betterment, and therefore, what we are aiming to achieve through education, that selection of content can sensibly be carried out (White 2004:6). Related to this, cultural selection clearly also implies a process of evaluation, distinguishing between those things which we regard as desirable or undesirable aspects of culture (Entwistle 1977:110). Therefore concerns about the selection of culture which makes up the content of a curriculum can perhaps be regarded as arising both in relation to the aims of the curriculum and in the evaluations of the relative desirability, or worth, of different cultural elements. Concerns that rise in relation to the aims of the curriculum are perhaps best exemplified by the criticisms of a curriculum whose aim is, for example to increase employability skills. Those who regard knowledge acquisition as having value in its own right would regard an instrumental approach to content selection as an impoverishment of education, limiting access to many forms of culture which may not have direct instrumental value (drawing on Carr et al. 2006:17). In this way then, we can see that the selection of content is in some way impacted upon by our beliefs about the purpose of education, and as such regarding selection of content as technical skill may be insufficient. However, it is perhaps in relation to the evaluation as to the relative worth of aspects of culture that the most complex issues arise. It is in considering the relationship between knowledge and power that cultural selection becomes problematic. This becomes evident when we draw on Bourdieus (1986:106) concept of cultural capital. Bourdieu (1986:106) suggests that different forms of culture are invested with value which can be drawn on for monetary gain, or an increase in social status. If we consider this in terms of knowledge as a form of culture, then acquisition of certain forms of knowledge by an individual can be utilised in generating income and increasing social status. For example, acquiring specific biological and medical knowledge can enable one to gain both the income and status conferred upon a doctor. However, it is not only the acquisition of the knowledge per se. which is valuable, but rather gaining institutional recognition in the form of an academic qualification of possessing a particular form of culture (Bourdieu 1986:110). In this sense, certain forms of knowledge, certain forms of culture, have greater value by virtue of being institutionalised in the form of a qualification (Bourdieu 1986:109). This would suggest therefore, that schools are involved in both the transfer of forms of culture which enable an individual to gain economic capital or social status, but also in some way define what forms of culture are of value. Such an assertion is supported by Girouxs (1980:228) argument that the culture that is selected to form the curriculum becomes legitimised by the very fact of its inclusion in the curriculum. This concept can further be seen in claims that the traditional academic curriculum is an elitist selection of culture, giving value to forms of knowledge associated with the middle class (REF!). It is the relative value that become associated with different forms of knowledge and different skills that forms part of what is termed hidden curriculum (Ref). This is a reference to the values and ideas that a school may not explicitly plan to teach, but which nevertheless are transmitted to pupils (REF). It is suggested therefore that the exclusion of an aspect of culture from the curriculum communicates to pupils a belief about the relative worth of this aspect of culture (REF..exemplify?) Moore (2004) provides an interesting illustration of this claim of elitism in cultural selection. Moore focuses on portrayals in film of teachers who are regarded as saviours and non-conformists (Moore 2004:58), such as Ms Johnson in the film Dangerous Minds. He argues that whilst the approach they take to education may be extraordinary, the content of that education is not. Moore (2004) contends that the cultural selection made by these teachers, of what he regards to be representative of middle class values, may be read as contributing to and confirming social and cultural biases (p.58) It is in this sense that Young (2006:734) argues that social interests are always involved in curriculum design, those with the power to select what is included in the curriculum have, to an extent, the power to legitimise certain forms of knowledge and certain practices. It is suggested that through this process of promoting and legitimising middle class culture (here we have the notion that a society consists of many cultures (ref)), schools are implicated in entrenching inequalities of social class (REF). Such a claim requires closer consideration in order to understand the means by which cultural selection may be regarded to be implicated in matters of social justice. One way in which it is suggested that this is the case is that individuals from a middle class background have greater access and exposure to the forms of knowledge that are regarded as valuable by schools (Reay 2006). In this way, Reay (2006) suggests, children from middle class backgrounds are at an advantage, able to draw on the cultural capital they already possess in order to perform well at schools, gaining institutionalised recognition through academic qualifications, and thus gain status in society. This would seem to highlight a tension for those involved in selecting the content of a curriculum. On the one hand, it is suggested that if schools do not provide the high status cultural capital that academic and economic success requires then children from working class backgrounds are potentially deprived of the ability to raise their social status (Anyon 2006:44). However in doing so, they are perhaps complicit in reproducing bias as to what is regarded as legitimate and valuable knowledge. It should be pointed out that this problematic account of knowledge and cultural selection does not suggest that knowledge is wrong or should not form the basis of a curriculum (Young 2006). Rather it suggests the need to consider the exact nature of the content we are choosing to include, and significantly exclude, from the curriculum. It suggests the need for reflection on our reasons for content selection, requiring an awareness of our own biases we bring to the process (Chan 2009:). From these observations, in which the selection of curriculum content is regarded as having social implications and is implicated in the transmission of values, an understanding of teacher professionalism which emphasises practical skills or even pedagogical knowledge perhaps begins to appear inadequate. Therefore the remainder of this essay will consider the notion that teaching is inherently ethical in its nature, and that teacher professionalism should therefore centre upon the moral characteristics of the profession (Goodson 2003; Campbell 2003; Carr 2006) Carr (2006:172) argues that whilst all occupations are in some way concerned with ethical issues, these generally play a regulative role they indicate standards for good practice. However he suggests that this is not the case with teaching, rather he suggests that ethical considerations are constitutive of teaching. This is perhaps more clear in Campbells (2007:604) assertion that: It is far more challenging to disentangle the ethics of teaching from the very process, practice and content of teachingà ¢Ã¢â€š ¬Ã‚ ¦ (CHECK CONTEXT) It would seem that what is meant by this is that the decisions and actions taken by a teacher have moral significance (drawing on Campbell 2003:1). By its very nature teaching is involved in forming childrens values and understanding of the world and as such is involved in transmitting conception as to what is right and wrong (REF). Further, as discussed earlier the decisions made potentially impact upon an individuals achievement in schooling and thus possibly affect their future prospects. Following from this concept that issues of ethics are inbuilt into teaching, Campbell (2008:605) argues that ethical codes are insufficient to address the issues faced by teachers. Rather she suggests that teachers requires an understanding by teachers of the complex moral issues they must address (Campbell 2008:605). It would seem that within the Scottish context there is recognition of this. The Standards for Initial Teacher Education in Scotland, which specify what is required of a student teacher (Christie 2003:847), includes reference to professional values and personal commitment (Christie 2003:848). There is a danger, Carr () suggests, in framing values as a competence or standard, in that it would seem to suggest that the other aspects of teaching are value-neutral. In this way, the ethical nature of teaching perhaps cannot be reduced to a competency or standard. Rather Carr (2006:178) suggests that it is about teachers taking moral issues and questions seriously. It should be noted that this does not suggest that teachers do not currently take moral and ethical considerations seriously, Campbell (2003:2) argues that many teachers are aware of the moral implications of their actions. However, Locke et al. (2005:570) do suggest that when teachers are subject to high levels of accountability it can lead teachers doing things right rather than doing the right thing. Potentially, therefore, the CfEs focus on greater autonomy could provide greater flexibility for teachers to make the decisions they regard to be ethically sound. At the same time, by increasing teachers scope for choosing what to teach the ethical nature of teaching perhaps comes even more to the fore. It would seem then, that in aiming to give teachers greater autonomy over the content of the curriculum, the CfE both can be viewed as potentially enhancing teachers professionalism as understood in terms of levels of autonomy. However, it also seems to require a consideration of the professional knowledge base on which professionalism is based. The importance of pedagogical expertise and development is clearly important and highlighted as so ( e.g. Scottish Government 2009:4). Yet, considering the complexity, and potentially value laden nature of the cultural selection involved in selecting curriculum content it would seem important to emphasise the ethical nature of teacher professionalism. In essence then, the greater autonomy afforded to teachers to select the content of the curriculum by the CfE would certainly seem, as Menter et al (2010:23) suggest, to point to a model of teacher professionalism in which teachers both reflect upon and develop their practice. However in light o f the essentially ethical issues involved in content selection, it would seem fair to suggest that teachers reflections and decisions should draw not only on theoretical and practical knowledge, but must also consider the ethical reasons for choosing to include, or not to include content in their teaching.

Yahoo Case Study Essay -- Essays Papers

Case about Yahoo 1. Success as a Web Search Engine a. Why was Yahoo! such an early success on the Web? Yahoo was an early success due to a combination of factors such as timing, hard work, and a good understanding of Web surfer’s tastes and needs.. In early 1995, Net mania was just flowering. It was a great time to be a young entrepreneur with an Internet idea. Dave Faldo and Jerry Yang saw a consumer need for classifying and differentiating web sights. Resting the urge to automate this process, Yahoo’s founders instead chose to manually perform this search, reviewing and classifying roughly 1000 sights a day. This approach combined with their decision to offer a free service lead to early success. b. Why was Yahoo! more successful as a search engine than other, more technically superior search engines? Yahoo!’s search engine was designed to be both reliable and streamlined. The design was simple so it would pop up quickly. Its focus was on quality, not quantity. Yang’s comment that â€Å"if you have 13 Madonna sights, you probably don’t need a 14th† rings true. Surfers choosing Yahoo! not only were provided reliable information, but they were not bombarded with 1000 sights to review. Additionally, Yahoo! provided a product that was appealing and fun to use. c. Why is the fact that â€Å"Yahoo! spends money on people, not computers,’ one of the keys to their success? Yahoo!’s founders business plan was to manually categorize existing web sights and provide a succinct list of quality sights to choose from. This human-created directory was all that distinguished Yahoo! from its competitors as Net euphoria swept the stock market in early 1996. Other search engines were throwing any sight that met the search requirements at the user. Yahoo!’s concept saved the browser the time they would otherwise spend filtering out the garbage to find these quality sights. 2. Building a Web Sight and the Brand a. Do you agree with Jerry Yang’s two fundamental strategies for the success of Yahoo! as a Web site and business brand? Why or why not? Yang firmly believed that success could be achieved by: a) giving users abundant reasons to visit your service, and b) promote the hell out of the brand. Both strategies were key in Yahoo’s success. Yang’s vision of a one-stop-shopping site, giving users multiple reasons to use his servic... ...with regard to the global community. In places such as India, AOL cannot be accessed without making an international call. Yahoo! also caters to foreign nationals with a variety of Yahoo! home sites from China, France, India, and many more. Given the global nature of today’s economy, Yahoo! has done its part to reach out to new markets. c. What can Yahoo! do to improve their chances for business success? Explain your recommendation. Yahoo!’s chances for future success would be greatly aided by diversifying their business plan. Currently, Yahoo!’s chief source of revenue comes in the form of selling advertising. Two areas can be improved here. First, Yahoo! should look to attract more traditional companies and not rely solely on â€Å".com† firms. Secondly, Yahoo! would benefit from another, more stable source of income. One suggestion would be to alter their present format and offer a business suite that provides the simplicity and speed of Yahoo!’s traditional service as well as a professional appearance. Such products as business email, videoconferencing, and other telecommunication tools could be packaged and sold for a flat rate that would provide additional income.

Act One, Scenes Six and Seven in Educating Rita :: Educating Rita Plays Willy Russell Essays

Act One, Scenes Six and Seven in Educating Rita Re-read Act 1 scenes 6 and 7 of Educating Rita. How does Willy Russell suggest that these scenes are important stages in Rita's development? When we speak of the way that Rita is educated we speak of two different types of education. Frank is Rita's teacher for both these types of education as he is a person who Rita looks up to and 'idolises' to an extent. Not only is she educated in English Literature to gain a qualification, but also she is also educated to make the transition from the lower social class towards the middle one. Rita also sees Frank as someone to look up to, as he is where she wants to be in life. Scenes six and seven come roughly half way through the play. This is significant because we are looking at Rita halfway through her challenge of gaining an Open University degree and her challenge of becoming the person she truly wants to be. The play is centred on two main characters, Frank, a middle class, alcoholic University tutor and Rita, a working class, scouse hairdresser, who are very different. Rita decides to enrol on an Open University English Literature course in order to try to create a better life for herself. Her tutor for this course is Frank. However at first Frank tells Rita to find a new tutor, but Rita refuses and they continue to work together. Frank's fondness for Rita continues to grow over time and he warms to her and her witty, individualistic nature. However Rita's quest to further her knowledge is troubled by her husband Denny's disagreement with what she is doing. Yet this simply fuels Rita's ambition more and leaves her hungry for success. Rita is more passionate about gaining the qualification than ever when she goes to see a production of 'Macbeth,' so much so, in fact, that she even buys the book. Rita shows how much her relationship with Frank means to her when she goes to tell him first thing the next day: ' But listen, it wasn't borin' it was bleedin' great honest, ogh, it done me in.' Having watched the professional production, Rita displays excitement and enthusiasm and has an eagerness for more. Rita's attitude changes from her expectations of a boring play to sheer astonishment that she enjoys it so much. Rita watches with an open mind and she herself is surprised that she enjoyed the play and the general atmosphere so much. She expresses this to Frank by informing him that at one point she wanted to stand up and shout: 'I was on the edge of me seat at