Hannibal :: essays research papers

Hannibal: Smokin' Is Voluntary/Two Parties My ASS!/Other Random Stuff **Disclaimer: The loathe on this page is omni-directional, and you will in all probability be outraged. I typically update and add to the substance when I'm pissed, so don't get your screwing undies in a pack in the event that you hear something that you can't help contradicting or is annoying. Also, in the event that you do, you fuckin' suck cocks and ought to never utilize the web, which is loaded up with free discourse and contradicting assessments. Fuck off asshole.** Goddamn, on the off chance that I hear or see another include, open assistance anouncement, or other twitch off on TV telling me how lawful, private, cigarette organizations are liable for individuals beginning and proceeding to smoke, I'm going to stack my rifle, sit before a mirror, and see what it would resemble to paint a stay with my minds!!! Smoking is screwing deliberate! On the off chance that you believe it's off-base, in the event that you think it abbreviates your life expectancy, or has some other impact other than the ones that we definitely know screw you up, don't do it!!!! Bastard, don't substitute a vender/maker of a lawful and excessively directed item if you can't get it through your skull that breathing in any sort of smoke will wreck lung tissue! Take some screwing obligation or potentially responsibility you draining heart burnouts!!! Message To Gore...To Bush: Fuck off! You both suck, you disrespect the memory of the progressives who took up the weapon to guarantee that the dirt we remain on would be free. Hey there Gore!!! Not raising support? Wowsers, you must be a lobotomized mental patient/an in-your-face Democrat to really accept that! Possibly in the event that you took long hard gander at what the instructor's associations are doing to the young people of America by controling you (i.e., making it with the goal that state funded schools keep up a virtual imposing business model on instruction and in this manner expelling any need to contend and improve in-class conditions) or how you sold out each and every individual who casted a ballot you into the senate (since you sold out to Clinton when you were an upstanding Tennessee man who casted a ballot to get the government off our rear ends when it came to firearm control), you'd help the world out by executing yourself. O Bushy Boy... Ok, you disrespect the historical backdrop of the Republican party...You trivialize everything that the Republican gathering used to represent (less government, control of your own cash, ingraining moral/moral values)...You're the lesser of two wrongs and most American will pick you...but the CIA picked the lesser of two wrongs years back in the Middle East, chose to finance him, train him,

Malicious Code Cyber Attacks Free Essays

The utilization of web and systems have different focal points where organizations can build cost productivity by sharing assets and critical information can be shared and sponsored up on different areas. The system of an organization however very significant in present day times is inclined to different digital assaults which focus on the monetary and touchy parts of an organization. A potential programmer could focus on the system of an organization in different manners if there is a security proviso in the organization arrange. We will compose a custom exposition test on Noxious Code Cyber Attacks or then again any comparative theme just for you Request Now The different digital assault dangers an organization faces incorporate splitting, malevolent code, indirect access, sniffer, TCP commandeering, mail bombs and different dangers. The idea of such a danger, its impact on the system, issues brought about by the assault and the countermeasures accessible to the organization is clarified. Digital Attacks Using Malicious Code The most widely recognized kind of digital assaults includes noxious code. A programmer encodes a bit of code utilizing some programming language and connects an executable document to an email or sends this record to potential targets utilizing a web delivery person administration. The code normally makes an escape clause in the system foundation of the organization and the programmer can without much of a stretch access any information or documents accessible on the intranet of the organization that isn't imparted to the overall population. The programmer can without much of a stretch access money related, individual and other touchy data from the system of the organization and abuse it in different manners. The delicate information may incorporate the modern privileged insights of the organization, the individual documents of workers, money related data with respect to the organization and advertising arrangements and plans. At the point when an organization is assaulted through vindictive code, an individual would get an email or text requiring the individual to open a record which would be executed and inserted in the system framework and the organization would confront different issues (T. , Sachs, Devost, Shaw, Stroz, 2004). The degree of seriousness of these issues might be least or most extreme. The programmer would approach the advertising and budgetary techniques of the organization and could coercion the organization or give this information to the contenders of the organization. Another serious issue brought about by this assault would be the failing or stoppage of any critical programming which is vital for running business activities. Individual data of the workers including names, phone numbers and addresses would be undermined and would make an individual danger to them also. The digital assault could dispatch a companywide glitch of equipment and programming restricting the activities of the organization, as today practically all tasks are subject to PCs. The code could change basic data identifying with business activities, for example, input information for different working procedures. The organization can stop and forestall these digital assaults in different manners. The malignant code strategy of assault as a rule includes a record which is moved through messages, moment detachments, escape clauses in the firewall structure and information moves from unreliable sites and sources. The assaults can be forestalled by sifting content got over the web through messages and moment emissaries. Antivirus, interruption recognition and substance sifting projects can be actualized to constrain move of malevolent programming or code. The representatives of the organization ought to be prepared in such manner and ought to be caused mindful of the potential risks of noxious code and the sources it to can emerge out of. The firewalls actualized in the organization ought to be tried and inspected with test situations to ensure the wellbeing of these firewalls. All reinforcement of information ought to be kept in protected and secure areas which isn't accessible on the system of the organization. At the point when the assault occurs there ought to be alternate courses of action accessible to adapt with the impacts of this assault and working methods ought to be characterized well early to manage such dangers. Interruption identification and anticipation frameworks ought to be actualized at all degrees of the system to build the wellbeing and security of the system (GFI, 2009). End Cyber assaults are regular in present day times and there are different kinds of dangers and these techniques and types changing with the pace of time. People and organizations likewise should be refreshed on the different new strategies, procedures and anticipation for such assaults. On the off chance that there is a digital assault on an individual or an organization, it could bring about unfriendly outcomes including loss of significant information and loss of budgetary assets. To forestall and restrict the recurrence and likelihood of these assaults different assurance and defend instruments, for example, antivirus and interruption identification ought to be actualized. References GFI. (2009). Directed Cyber Attacks. Cary: GFI. T. , P. , Sachs, M. , Devost, M. G. , Shaw, E. , Stroz, E. (2004). Digital Adversary Characterization. Burlington: Syngress. Step by step instructions to refer to Malicious Code Cyber Attacks, Papers

Hhgh Free Essays

string(136) thought about when it is reasonable and straightforward, since partiality may happen; while outside channel of enrollment base on the contrary. Free Human Resources Literature Review richard | October 20, 2011 4 0 Rate This Article Table of Contents [show] LITERATURE REVIEW 1. 1 Human Resource Management In a fast serious business condition, the methodology of laying out the job, capacity and procedure of Human Resource Management (HRM) inside a dynamic and dubious condition are continuous for a long time. In the mid 1980s various books and articles were distributed by American Business Schools teachers to help the broadly acknowledgment of HRM idea, and the ecological instability in today’s contemporary business that explicitly distinguish struggle and heterogeneity (Soderlund and Bredin, 2005). We will compose a custom article test on Hhgh or then again any comparable point just for you Request Now Because of its different roots and numerous impacts, HRM covers basic parts of focal worry in associations, for example, singular, practice, instructive hypothesis, social and hierarchical brain science, human science, modern relations, and authoritative hypothesis (Soderlund and Bredin, 2005).. To date there is no broadly worthy definition for HRM and what it altogether includes in our day by day business world (Brewster and Larsen, 2000). Less palatable definitions have been propounded by various author, for example, (Soderlund and Bredin, 2005), whom saw HRM as 1) a ‘executive work force responsibility’, that primarily worry with the board exercises; 2) characterized HRM as the executives reasoning that worries with individuals treatment and, at last 3) recognized HRM as association the board between the firm and its kin. Due the clashing hypothetical origination and speculative contradiction about the general acknowledgment of the definition, Price (2007) definition would be utilized to in this writing since it better clarified and spread tremendous regions of the investigation. As indicated by Price (2007): â€Å"A theory of individuals the executives dependent on the conviction that HR are remarkably imperative to continued business achievement. An association increases upper hand by utilizing its kin adequately, drawing on their skill and creativity to meet unmistakably characterized targets. Human asset the board is planned for enrolling competent, adaptable and submitted individuals, overseeing and compensating their presentation and creating key competencies†. The dynamic and vulnerability in HR contemporary associations are colossally moving towards an extreme measurement (Analoui, 2007). Ongoing discussion by numerous scientists have laid more accentuation about coordinating and fusing the HR-office with other vital working divisions inside association (Soderlund and Bredin, (2005); Analoui, (2007); Price, (2007). 1. 2 HR IN A CONTEMPORARY Organization HR is basically vital in today’s contemporary associations since it prompt superior administration using workers; by improving their degrees of customer’s administration, efficiency, development, benefits and quality control (Armstrong, 2000). Lado and Wilson (1994, p 701) laid out a different interconnected exercises, jobs, forms and different perspectives that are intended to pulling in, keeping up, and building up the firm HR exercises in contemporary associations, for example, 1) arranging; 2) enlistment and determination 3) preparing; 4) execution the executives; 5) advantages and rewards; 6) pay; 7) and 8) profession improvement (Banhegyi et al. , (2008) and (Robbins Coulter, (2002). 1. 2. 1 Planning in Human Resource has been talked about in various HRM settings for a long time (Wren, 1994). HR arranging was at first a significant part of ob examinations and was frequently utilized as bases for deciding qualities and shortcomings among the workers and to build up the aptitudes and skills they required (Gallagher, 2000). As individual profession plans began to acquire prevalence, organizations step by step began to give more consideration to the specific aptitudes and abilities among singular representatives as a met hod for adjusting and managing the companies’ progression arranging (Kuratko and Morris (2002). As this perspective been investigated thoroughly by numerous analysts, HR arranging is as yet a confusing and complex issue of discussion inside the HR rehearses (Schuler, 1986). In 1978, McBeath tended to his perspective on HR arranging by featuring a lot of issues that he viewed as being significant as for the HR arranging. These were; An estimation of what number of individuals the association required for the future An assurance of what capacity, aptitudes, and information requires to contend An assessment of representatives capacity, abilities and existing information An assurance of how the organization could fill the recognized capability holes Story (1995) contends that HR arranging today is a significant undertaking of each contemporary organization’s HR division. As indicated by him, HR arranging fundamentally includes the recognizable proof of abilities and capability inside the association, the filling of distinguished fitness holes, and the help of developments of representatives inside the association. A fundamental piece of the HR arranging is the progression arranging which means to guarantee the gracefully of people and filling of holes on senior key positions when they become empty and recharge skills to zones where they are generally esteemed (Wolfe, 1996). 1. 2. 2 Recruitment and determination In association the framework that answerable for putting enhances abilities all through is alludes to as enlistment and choice procedures. The procedure of enlistment and determination is a moral methodology by a firm to look for and pull in the most able and appropriate candidate for an empty position (Analoui, 2007). Cost (2007) induced that enlistment techniques can be separated in three noteworthy methodologies: reasonableness †the most qualified candidate for the position, pliability †shaped inside the social standards, and adaptability †the most solid and flexibility worker. These variables are very entangling and can be effortlessly mixed up during the way toward recruiting representatives. Reasonableness is a basic viewpoint henceforth it principally worried about the way toward recruiting the most appropriate candidate for the position. The way toward choosing and holding potential workers is the best authoritative serious fight in present day days (Pfeffer, 1994). Having the best ability just suggests that the firm will have the option to contend forcefully in the market. This wonder are stopped common in our every day business life and has likewise pushes associations to increase a specialty by utilizing the most prestigious directors to lead the flourishing future. 1. 2. 2. 1 Channels of Recruitment Russo et al. , (1995) fell channels of enlistment into outer and inner enrollment, and formal and casual channels. Inward enlistment channels chiefly include the utilization of intercommunication between other vital territories of the association and the whole HR office. This methodology improves the firm to organize and focus in-house or current representatives (Russo et al. 1995; Analoui, 2007). Inward enlistment can be completely viewed as when it is reasonable and straightforward, since preference may happen; while outside channel of enrollment base despite what might be expected. You read Hhgh in class Papers 1. 2. 3 Training In today’s contemporary association, workers ‘skills and information can have a constructive outcome on the firm ‘s profitability (Guzzo, Jette Katzell, 1985). Associations need to counter a few challenges while preparing a solitary or more representatives (Ostroff Kozlowski, 1992). Past literary works contend the moderateness of certain associations that eprive themselves for a solitary individual representative especially when HR are constrained: this can upset the profitability on the present moment and destabilize the association (Bishop, 2003). He keeps on focusing on that such discernment about preparing suggests that association ought to set out on a cost decrease methodologies and spotlights on in-house or on-work preparing (OJT). Formal preparing is only one of the opportunities for associations to improve the faculty execution level, as significant jobs are secured likewise by authoritative socialization (Chao, 1997) and performing multiple tasks (May, 1997). It was recommended in the mid 1990s that hierarchical socialization is a fine procedure for newcomers to source out information’s about the association, find out about the vital undertakings and how to play out their duty; explaining their jobs and relate with others inside the association (Ostroff Kozlowski, 1992). This way of thinking was likewise bolstered by Rollag Cardon (2003) as they demonstrated that the procedure of socialization inside a firm improve newcomer to consolidate and learn in a well helpful climate. . 2. 4 Performance Management The idea of estimating execution or overseeing execution inside associations is to plan how firms can get the most extreme advantages from their workers (Dransfield, 2000). The way to deal with estimating execution can be named a three-advance methodology that made by targets, examination and input. The initial step is the setting of execution targets that are quantifiable, simple to gauge and easy to convey all through the associa tion (Dransfield, 2000). From that point forward, the procedure of execution examination should happen (Bredin, 2008). The administration of execution incorporates structure of work frameworks, help of information use, sharing and creation, and evaluation and prize frameworks (Cardon Stevens, 2004). In any case, this wonder has been bolstered by various scientists guaranteeing that presentation the board/examination is a remarkable procedure to decide and oversee representatives yield inside the firm, so as it would be less confusing to ssess and a

Most Noticeable Personal Writing Essay Samples

Most Noticeable Personal Writing Essay Samples If you don't, it is possible to actually hurt your odds of admission. For example, there isn't any suitable means of drafting a college application essay. A lot of flawless college admission essay examples exhibit characteristics which could be noticed in each one of the samples. Among the points to take into consideration when searching for a sample essay about yourself is the grade of the paper. The Argument About Personal Writing Essay Samples Additionally, there are samples of personal profiles that are used for internet networking websites like Facebook and LinkedIn. When you surf our site for recommendations that may help you write your own essay, you will come across many helpful tips. Share what you consider the topic. Note you ought to be able to demonstrate everything which you include in your private profile like your skills to the reader. In the event you have any questions, please don't hesitate to contact ProfEssays.com. Since writing a profile essay can seem to be a tedious activity to some, ensuring that you've got the most suitable info, subject and knowing the right approach to write will provide you with a simpler experience. There are several narrative essay topic areas you might pick from, including travel reports, in which you could relate you have travel experiences. Things You Should Know About Personal Writing Essay Samples Keep in mind, an admission essay sample may be a good way to find out more about the writing procedure and understand the task better. The essay is broken up into three major components. The sample essays can help you in organizing your efforts. The personal essay is among the most common sorts of writing assignment--and not just in freshman composition courses. When you look at the outline of the essay and see the manner in which every particular section is introduced, you get a firm grasp of the way to do a fantastic job. In an instance of a profile essay you'll be able to sum up a paragraph by giving the effect of the details explained. Restate your thesis, summarize the principal points which you have stated in body paragraphs and leave your reader with a specific emotion, based on the topic of your paper. Your paragraphs do not connect one another's meaning and the whole thought of your essay may be incomprehensible. Once you get a compelling topic, choose the principal idea you would like to communicate and introduce it using a bang. Hence, it is going to be sort of your own research and a means to express own thoughts. You should give a mental image of the individual or the place you're writing about. You may also select a person that you've always had a difficult or problematic relationship with. When looking for a personal essay example, it is likewise highly recommended that you consider the conditions of use as outlined by different sources. After you've determined the aim of your essay, you're know what information has to be included and the way that it has to be presented. The simplest way to find out the form of an essay is to realize the writer's point of view. Ask three distinct experts what a personal essay is and you'll probably get three distinct answers. There's no ideal solution on the best way to compose an effective essay. Our private statement writers would love to present a set of private statement examples for your reference. To compose an impressive short essay, especially during an examination, you should be in a position to hit the question and give a straightforward answer while at the very same time observing the proper structure of an essay. Your life story may also be regarded as an amazing topic in writing your private essay. Writing of academic essays is among the most fascinating academic experiences. Essays, generally, covers different topics. Writing an essay is an essential role in academe life. Narrative essays are frequently the norm in academia. Unlike another kind of essays, personal essays are somewhat more flexible and versatile. A personal essay grants you the prerogative to express in yourself in a way which you are comfortable. Indeed, essay topics may vary. Then, it is going to be required to choose a topic for your own personal essay, and after it, you will be prepared to compose your paper. Recall unpleasant moments that you discover very helpful for your private development. Frequently, the story will appear to get no true point. The intention of the essays is to express your individual capabilities, character traits, ideas and ideas, which will force you to look different from several other applicants and present you as a creative, committed and intelligent individual. A well written example ought to be centered on the subject, clear in points and simple to read.

Vulnerability to Internet Predators - 1580 Words

Vulnerability to Internet Predator The publicity about online predators that prey on naive and inexperienced young children using trickery and violence is largely inaccurate. Internet sex crimes involving adults and juveniles more often fit a model of statutory rape which is adult offenders who meet, develop relationships with, and openly seduce underage teenagers than a model of forcible sexual assault or pedophilic child molesting (Wolak et. al., 2008). However, prepubescent children are even less vulnerable because their internet use is generally more supervised by the parents and guardian. In addition, they use the internet less for communication and are for developmental reasons, less interested in sex and relationships than†¦show more content†¦Children who do not have a lot of activities outside of school tend to be online longer and at the same times of day compared to those children who have lots of activities because predators have little chance to groom a child for future exploitation if that child is rarely online or is online at various times of the day. These children would be the easiest target for the predators because they unconsciously open the space and opportunity to be attacked by predators. Furthermore, the children who have instant message accounts are easy target to predators because the predators know that while emails are saved automatically and have to be manually deleted, instant messages tend to evaporate into the ether once the instant message window is closed. Usually, the children with tendency to speak to strangers are likely to become the predator victims. Lonely, sheltered and naà ¯ve children would become the target because predators seek to develop a relationship with their targets, often posing as children or teenagers themselves, and then use that relationship to initiate sexual discussion and activity or lure the child into an offline meeting. Children from a single parent family, having trouble at school or with the law, or has been experimenting with drugs, alcohol or sexual activity would also become the targeted victims of online predator. In addition, nowadays it become commonly for the internet users including the children to postShow MoreRelatedCyber Predators And Its Effects On Children1593 Words   |  7 Pagescyber crime I have chosen is cyber-predators. Cyber predators are individuals who commit sexual abuse that begins or takes place on the Internet. Although the Internet did not create child predators, it has significantly increased the opportunities predators have to meet victims while minimizing detection. They can communicate with children anonymously through instant messaging, social networking sites, chat rooms, message boards, and even cell phones. Online predators do not fit any one mold or stereotype;Read MoreSocial Media And Victim Vulnerability1538 Words   |  7 Pages Social Media’s Contribution To Victim Vulnerability to Online Predators Asonafer Washington Sam Houston State University Abstract This study investigated the relationship between social media access and victim vulnerability to online predators. I administered anonymous surveys to 20 students at Sam Houston State University that inquired about their involvement on social media and their experiences with online predation. I found my results to be supportive of my hypothesis. AccordingRead MoreEssay The Internet and The Increase of Online Predators1067 Words   |  5 Pageshas occurred regarding the increase of online predators. The internet has been one of the most important technological advancements this century. The internet has allowed people from all over the world to communicate with family, friends, and strangers. But it has also caused major concern. With everyone communicating through online forums, social networks, and chat rooms, it is impossible to figure out who the people are talking to. With the internet, people are able to live multiple lives. WithRead More Safety on the Net Essay1161 Words   |  5 PagesThe Internet is a brilliant tool for men, women and children, who are in search of information for work, school, or for just surfing the web. Kids today are so much more computer savvy than the older generation because they are taught at an early age how to operate them and how to communicate with family and friends on them. Cyber predators are always lurking through the internet to find our children to abduct and sexually abuse or in some cases even murder them. It is vital that all parents understandRead MoreThe Dangers of Online Predators1426 Words   |  6 Pagesincrease of online predators. The internet has been one of the most important technological advancements in this century. The internet has allowed people from all over the world to communicate with family, friends, and strangers. But it has also caused major concern. With everyone communicating through online forums, social networks, and chat rooms, it is impossible to figure out who the people are talking to. With the internet, people are able to live multiple lives. Predators can create differentRead MoreNegative Effects Of Social Media1064 Words   |  5 Pages There are websites that gather information about you that is true information and just list it on their site to sell to anyone. Some sites even show your information for free making it easier for predators to target you. We never take heed to that old saying â€Å"Don’t put everything on the internet.† Yet, banks come up with ways we can login via our devices and leaves us vulnerable to hackers or cyber-attacks. Websites expose our locations and open Wi-Fi hotspots can be targeted to steal informationRead MoreShould Sex Offenders Be Committed Using Social Media Sites?1540 Words   |  7 Pagesdemonstrating chances of a sexual predator committing a sexual offense while using Facebook. The results from the survey will be compared to the literature research to understand if an average Facebook users participated in the survey have the potential to conduct acts similar to an online sexual predator. This is based on analysis from the ICAC (Internet Crimes Against Children) task force stating some sex offenders use the privacy and anonymity of the internet to prey on children and teenagersRead MoreThe Mainstreaming Of The Internet And So cial Networking Sites1122 Words   |  5 PagesThe mainstreaming of the internet and social networking sites has facilitated bullying and seen the evolution of the cyberbully. NSW Department of Education and Communities (2011b), define bullying as â€Å"repeated verbal, physical, social or psychological behavior that is harmful and involves the misuse of power†¦ towards one or more persons†. However, bullying becomes cyberbullying when the perpetrator uses technology to execute the attack (Bryce and Fraser, 2013). Bullying is considered to be one ofRead MoreThe Effects Of Social Media On Teenagers1379 Words   |  6 Pagespeople believe that social media is impacting teenagers in a negative way. However, some believe that there are positive effects. The negative effects of social media on teenagers include poor student performance, lack of sleep, and increased vulnerability. However, before any of these arguments can be talked about, it is important that people know the history of social media. The development of social media started in the 1950’s with commercial computers. This led to the creation of personalRead MoreThe Cybersecurity Act ( Cybersecurity )1708 Words   |  7 PagesThe overall goal of CISA (Cybersecurity Information Sharing Act) is to improve information sharing in the hopes of preventing cyber-attacks against both the private and public sphere. Without any security or some form of protection against cyber predators, information, records, and other secret evidence will be vulnerable to anyone and everyone who wants to try and ruin and destroy the peace in the world. If the Cybersecurity Act bill does not get passed by congress, all of our personal information

Views On Emerson s And Thoreau - 2508 Words

Views on Emerson ´s and Thoreau ´s Works Ralph Waldo Emerson and Henry David Thoreau are definitely two of the most influential writers in the 19th century. Thoreau was born in Concord, and Emerson in Boston. They both attended Harvard; Thoreau decided to pursue the career of teaching because of his brothers, while Emerson decided to become a Unitarian minister just like his father. These two writers lived during the transcendentalism period and both of them used this philosophy as way of living their lives to its fullest. Despite the fact that these two prominent figures of the transcendentalism share some of the same thoughts such as nature, simplicity and individualism, because of the time Emerson spent as Thoreau ´s mentor. In Thoreau ´s book Walden (1854), we can see that he criticizes the government for being responsible for promoting social conformity among the citizens, while in Emerson ´s book Self-Reliance (1841) we can see that he is trying to teach a lesson for the readers about how the self does not need to follow the patterns of the society to be happy. Clearly, Thoreau was for a long time a follower of Emerson ´s ideas and he learned a lot from his mentor. But, the truth is that Thoreau used this time of learning as a â€Å"step† to support his own ideas, which later on influenced even his mentor Emerson. As Robert D, Richardson says, â€Å"it is sometimes impossible to say who took what from whom† (283). The story of this friendship begins, when Emerson ´s sister-in-lawShow MoreRelatedThe True Transcendentalist: Thoreau and Emerson775 Words   |  3 Pagestranscendentalism began to start two people played a major role Ralph Waldo Emerson and Henry David Thoreau, but who is truly a transcendentalist. Ralph Waldo Emerson was born in Boston, Massachusetts on May 25, 1803. His father was a minister as well as seven of his male family members. He graduated from Harvard University at the age of eighteen. Then he taught school with his brother William for three years. Which Emerson was unhappy teaching so he decided to go and change his life.Which wasRead MoreRalph Waldo Emerson And Thoreau975 Words   |  4 Pagesreason. A following of the heart rather than the mind. Also the setting apart from society. There are two who comes to mind; Thoreau and Emerson. Where Emerson and Thoreau were clear examples of Bright Romanticism exemplified by the inclusion of nature, a positive view of mankind, and a poetic style that broke traditional method. Ralph Waldo Emerson exemplified him being a clear examples of Bright Romanticism with his first inclusion of nature. An excerpt talking about theRead MoreTranscendentalism : Henry David Thoreau And Ralph Waldo Emerson847 Words   |  4 Pagesor right to act, speak, or think as one wants without hindrance or restraint. Ralph Waldo Emerson and Henry David Thoreau are two transcendentalists that have different views on freedom. Our project, representing freedom, shows a person how to live his or her life in a way of freedom shown by Emerson and Thoreau. Together, we did research on the transcendentalists: Henry David Thoreau and Ralph Waldo Emerson. We studied these men in the essays that we learned about during class. We found some ofRead MoreHenry David Thoureaus Civil Disobedience and Walden1668 Words   |  7 PagesThroughout the 1800’s a new movement in literature called Romanticism took place. There were the light Romantics who reflected the good aspect of life and the dark Romantics who reflected to darker aspect in life. Overall, Romanticism focused on optimism and individualism, kinship with nature, and power of darkness. One of the central American light Romantics Ralph Wald Emerson wrote Nature reflects Emerson’s perspective of nature while Self-Reliance expresses Emerson’s opinion about a person’s independenceRead MoreTranscendentalism Is Not A Beneficial Way Of Life1403 Words   |  6 PagesThoreau’s â€Å"Walden† is about leaving the cities, abandoning one’s possessi ons and living out in nature to find one s true self. Emerson’s â€Å"Self- Reliance† is about resisting society and living true to oneself and never following society’s standards. A modern Transcendentalist named Josh from the novel The Gospel According to Larry by Janet Tashjian follows in the footsteps of Emerson and Thoreau and tries to live a Transcendentalist way of life. When a person does follow the transcendentalist way of lifeRead MoreThe Literary Movement of Transcendentalism Essay examples872 Words   |  4 Pagesmaterialistic aims, and was left with a sense of self-reliance and purity. Two authors who were among the leaders of the movement were Ralph Waldo Emerson and Henry David Thoreau, whose works quot;Naturequot;, quot;Self-Reliancequot;, and quot;Waldenquot; brought America to the forefront of the transcendentalist movement. Their ideas opposed the popular materialist views of life and voiced a desire for freedom of the individual from artificial restraints. They felt that if they explored nature thoroughlyRead MoreTranscendentalism, An American Philosophy1640 Words   |  7 PagesAmerican philosophers during the early to mid-1800s embraced a new liberal movement known as transcendentalism that posed a silent threat to the current social and political institutions of the time period. Henry David Thoreau acted as the father of this new philosophy that would go on to transform the social structure of America into what it is and is still becoming today. Transcendentalism is an American philosophy that humankind has an innate sense of being and knowledge of the world aroundRead MoreTranscendentalism in Henry David Thoreau and Emily Dickinsons Literature984 Words   |  4 Pagestradition and the rest would be transcendentalism† (Boller 34). This literary period has dramatically shaped literature and religion, in America. Many writers like Henry David Thoreau and Emily Dickinson have been influence by transcendental ideas. It is astonishing how an inspiring literature movement can change so much of the world’s view and still is around today. Transcendentalism was an American literature movement urging people to look past everyday material life, and reach into their souls to findRead MoreThe Role And Essence Of Nature In Walden By Henry David Thoreau1505 Words   |  7 PagesHenry David Thoreau, Ralph Emerson, and Walt Whitman disconnected from society and secluded themselves in nature, and disregarded the superficial characteristics that are so often noted to find a significant meaning in their lives. Henry David Thoreau advocates escaping the instability of society and delving into nature to understand oneself and to learn the lessons that need to be learned for one to function in the insanity of man’s world and its contrived notions. While, Ralph Waldo Emerson analyzeRead MoreRalph Waldo Emersons Connection To Transcendentalism1223 Words   |  5 Pageswrite about a Massachusetts-born American poet and essayist Ralph Waldo Emerson who was part of the Transcendentalist movement which geared philosophical thinki ng that involved viewing women as equal. Philip F. Gura, Transcendentalism and Social Reform, History Now, assessed May 14, 2017, https://www.gilderlehrman.org/history-by-era/first-age-reform/essays/transcendentalism-and-social-reform. Emerson s support for women s suffrage prompted him to write A Reasonable Reform to promote anti-suffrage

Contributory Negligence Historical Compare -Myassignmenthelp.Com

Question: Discuss About The Contributory Negligence Historical Compare? Answer: Introduction Tort law is a branch of common law, and denote civil wrong done. One of the torts in the nation is negligence. Negligence occurs where an owed duty of care is contravened, owing to the acts undertaken by the duty owing person, which causes the other persons injuries, or losses. When a case of negligence is made, often the defence of contributory negligence is cited (Latimer, 2012). This part covers an analysis of the given case study, in context of the two concepts. The main issue in this case is the chances of a case of negligence, raised by Tamara against Aldi Supermarkets (Aldi), being successful. Negligence is the tort through which the person breaching the duty of undertaking reasonable care is made liable, for not taking the care as a reasonable person would have undertaken in similar situations, particularly when the result in harm/ loss/ injury was being caused to the party to which this duty was owed. Establishing negligence is a step based process, where there is a need to show the duty of care being present, its violation, the violation causing injury, loss not being remote, foreseeability of loss and direct causation. In cases where these are shown to be present, monetary compensation can be claimed upon by the aggrieved party (Gibson and Fraser, 2014). To begin with, there is a need to establish the presence of duty of care. In this regard, the threefold test provided in Caparo Industries plc v Dickman [1990] 2 AC 605, 618 proves to be of assistance. As per this test, there is a need to show reasonable foreseeability of the injury through the defendants conduct or actions; there is also a need for the defendant and plaintiff to have a relationship of proximity; and finally, the imposition of penalty has to be deemed as fair, just and also reasonable based on the scenario present (Lunney and Oliphant, 2013). Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 was a case in which the plaintiff was not awarded with any sort of damages, owing to the lack of holding the defendant as liable for negligence, as there was absence of reasonable foreseeability in the conduct of the plaintiff (Swarb, 2016). This has to be followed by showing that the owed duty of care had been contravened (Harvey and Martson, 2009). Paris v Stepney Borough Council [1951] AC 367 was a case in which the defendant was aware of the fact that the plaintiff was blind in one eye. Despite this, he was not given the safety gears to be worn whilst be performed his work. One of the days he was working, a rusty bolt hit his good eye, blinding him completely. This was deemed as breach of duty of care resulting in the defendant being deemed negligent (Martin and Lancer, 2013). The loss caused has to be significant and not too remote. Upon the presence of all these, negligence can be upheld (Latimer, 2012). A common defence citied in cases of negligence is contributory negligence. As per this concept, the injured party has to be made liable for the contribution made by them in the injuries which they suffered, predominantly through the negligence of the defendant. Thus, the amount of damages given to the plaintiff for their loss is brought down by their contributory negligence, and is entirely based on discretion of court (Dongen, 2014). Hamilton v Duncan [2010] NSWDC 90 is an example of this concept. This case had the plaintiff failing in maintaining proper look-out for hole, and this was done when the plaintiff had the knowledge of the hold, on which the plaintiff had tripped. There had been warnings by him to other person regarding the same; and this person was the witness later on in context of the hole being present in the ground, just before the incident had taken place. Thus, the damages were reduced by thirty percent as the court held that the contribution of plaintiff had been thirty percent in this case (Bannerman, 2015). Application Where an individual gets in a supermarket, the supermarket gets the duty of making certain that such person is safe while they are in the supermarket. This means that the duty of care was owed by Aldi to Tamara as she was a customer. Based on the threefold test, the loss here was foreseeable as any person would fall on puddle of ice cream and this required proper cleaning. There was clear proximity between the two, and where penalties are imposed in this case they would be fair. The foreseeability is proved based on Bolton v. Stone as falling on wet surface is reasonably foreseeable. Just because the floor was cleaned every forty minutes, does not mean it should not have been cleaned as soon as the ice cream fell on the floor. Not cleaning the surface was breaching the duty of care established through the threefold test, thus satisfying Paris v Stepney Borough Council. Based on these cases, a duty of care was presented to be breached and with satisfaction of the other requirements a case of negligence can be raised by Tamara. This means she can apply for damages. However, the damages applied by her would be reduced based on Hamilton v Duncan. This was due to the fact that Tamara was aware of ice cream puddle and she still ran for the last piece of chocolate. She was required to take care of herself and walk instead of running on a wet day. Thus, she contributed towards her injuries by running. Conclusion Through the conducted analysis, it is concluded that Aldi had been negligent in this matter, but there was also the presence of contributory negligence by Tamara. This means that the awarded damages to Tamara would be reduced by her contribution. Still, Tamara is advised to make a case of negligence to get a major portion of the damages caused to her. References Bannerman, D. (2015) Contributory Negligence In "Slip And Fall" Cases - No Control Over The Plaintiff's Own Action Or Inaction?. [Online] Bannermans Lawyers. Available from: https://www.bannermans.com.au/insurance/articles/public-liability/331-contributory-negligence-in-slip-and-fall-cases-no-control-over-the-plaintiff-s-own-action-or-inaction [Accessed on: 17/01/18] Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. Martin, J., and Lancer, D. (2013) AQA Law for AS Fifth Edition. 5th ed. Oxon: Hachette UK. Swarb. (2016) Bolton v Stone: HL 10 May 1951. [Online] Swarb. Available from: https://swarb.co.uk/bolton-v-stone-hl-10-may-1951/ [Accessed on: 17/01/18]

Planning Is the Best Way to Improve the Quality of the Environment free essay sample

There is no agreed definition of ‘environmental planning’; most studies have had an arduous job in trying to meet a description for it as the environment covers a wide range of issues. In one sense, all Town and Country Planning is concerned with the environment. (Cullingworth Nadin, 1997, p163) But as the issue of environmental concerns have risen up the political agenda a number of non-planning organisations have had an increasing role to play. It must be noted that the role planning in the environment is not a new instrument in its protection; The Clean Air Acts of 1956 and 1968 prohibited the emission of dark smoke, in an effort to improve environmental quality. This essay intends to discuss the main instruments use in the contemporary planning system in the UK, which are handed the task of protecting and improving the environment. It begins by briefly outlining the reasons why planning is used for environmental protection and its new role in promoting sustainability. We will write a custom essay sample on Planning Is the Best Way to Improve the Quality of the Environment or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These objectives are highlighted in recent government papers and are explored in the objectives outlined in LA21. The next section reveals how the planning system might be seen as failing these objectives and its shortcomings by a brief comparison with other nations, thus providing conclusions for the suitability of planning as the best way of improving environmental quality. The United Kingdom’s Town and Country Planning system is the framework within which the development and use of land is determined. It provides a structure within which economic, social and environmental considerations can be weighed to help secure sustainable development. (DETR, 1996) Planning has been illustrated as the main advocate in achieving sustainable development; it is placed with the task to guide suitable development within a sustainable context via its development control methods. This seems an obvious choice as the framework within the UK planning system is already in place to successfully implement policy on sustainable development, throughout all levels of government. Traditionally the Town and Country Planning system in the UK has had a pro-development bias, it is argued that in order to improve and maintain the environment, planners have to alter this ethos to accept greener issues. What has always been apparent within the realms of environmental planning is the major role that politics plays. Indeed Britain’s reluctance in environmental concerns was partly due to the conservative regimes of promoting a market-led economy, free of state intervention, it was not until the 1980s that the ‘environment’ rose up the political agenda with the potential of being a major vote winner. Before which, it was argued by Thatcher that environmental planning had be taking place for some years via the planner’s use of material considerations. The Conservative government took a dramatic u-turn and its views on state free from intervention were quashed as it accepted the terms outlined in 1992 Earth Summit. The conference held in Rio de Janeiro, Brazil, hosted talks for one hundred and fifty nations, it was at this conference where sustainability found a structure, in Agenda 21. The following section discusses the issue of sustainable development and its implementation through Agenda 21, outlining the responsibility of the UK planning regime to enhance and protect the environment. Sustainable Development Agenda 21 It is argued that the UK Sustainable Development Strategy should be viewed as providing the guiding principles for environmental planning in the UK. Sustainability is seen as one of the main advocates for providing planning policies that protect and provide quality environments throughout the UK. It is certainly true that the issue of sustainability is a concept that surrounds environmental policy. However its large adoption since the resurrection of green issues in the 1960s has lead to is its overuse and ambiguity. The term has become a symbol of environmentalism in contemporary politics. Governments, academics and environmental groups have tried to attain an answer as they continue to commit to sustainable policy. It is hardly surprising that the idea of sustainability has encompassed a number of differing views, one of the most famous ideas is included in the 1987 Brundtland Report: Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ’ (as cited in Cullingworth Nadin, 1997, p164) However the issue of sustainable development became a reality in the creation of Agenda 21, in Rio, 1992. This marked a comprehensive world programme for sustainable development in the twenty-first century, and the adoption of a wide degree of public participation. In the UK this is organised at central and local government levels. The former resulted in the Sustainable Development Strategy of 1994. At the local level, Local Agenda 21 (LA21) calls for each local authority to prepare and adopt a local sustainable development strategy. LA21 provides an opportunity to promote and maintain environmental quality at a level where the public can immediately feel the effects. It is essential that LA21 is a process by which the public can get involved in environmental issues affecting their immediate area, thus educating the population in the concepts of sustainability. LA21 is the process of drawing up and implementing local sustainable development plans, with the local authority working in partnership with citizens, local organisations and businesses to achieve this. (RCEP, 1999, p7) LA21 intentions are not purely environmental; sustainability includes social and economic issues that cover the community as a whole in an effort to build a consensus between people, rather than the traditional, confrontational ways of working. Once goals are sought, progress can be made and evaluated, by measuring progress. However the UK government could be criticised for being a little slow to respond to the issues outlined in Rio, the guidance for local authorities was issued in 1998. It came in the form of the good practice guide on Planning for Sustainable Development, from the DETR. In 1999 Labour introduced a new strategy for sustainable development, entitled A Better Quality of Life, it highlighted four key principles: 1. Social progress which recognises the needs of everyone 2. Protection of the environment 3. Prudent use of natural resources 4. Maintenance of high and stable levels of economic growth and employment (DETR, 1999) However the guidance has been criticised for its lack of strategic vision, as it sets no quantitative targets or timetables. This is highlighted in the notion that it is a very broad document, as there is a need to secure the approval from other Ministries in order to initiate new policy commitments. (UWE, 2000) Problems of the planning system in protecting the Environment Advisory bodies have promoted the need for target-led planning for a number of years. The term objective-led planning is aimed at broader strategic goals, e. g. Improving air quality, whereas target-led planning relates to more specific goals, e. g. Ozone levels not exceeding a certain concentration over a specified time period, as in the case for the inner London Boroughs. However there is still reluctance by government to set concrete targets in some sectors or areas at national level. They prefer to leave it up to the lower tiers of government, which can often cause considerable strain, e. . Meeting housing targets. However target-led planning is slowly becoming the norm for many local authorities as they implement their plans. They usually involve targets for the protection of sites, air quality, waste recycling etc. Central advice is starting to emerge, referring to the advice outlined in the DETR’s Planning for Sustainable Development: Towards Better Practice, 1998; here it noted that guidance on sustainability should contain specific targets, which could be incorporated into RPGs. It is these relationships between national and local objectives which will need to be observed closely in the near future in order to determine how different interests are integrated in the final production of plans. In many areas, there needs to be a greater range of targets, with clear strategies for their implementation. The problem is that plans remain plans unless they are implemented and with only 30% of all local authorities having theirs in place in 1998, sustainable policy will remain unactioned theory. DETR, 1999a, p2) It is vital that the plans are implemented in order to set realistic targets. Environmental planning in the UK is currently in a period of significant change. This is at all levels and across many issues. The number of plans, strategies, begin produced today is far greater than at any previous period. This is partly the result of extensive criticism over many years from the lack of planning in areas; most of it derives from EU or international developments (80% of all UK environmental policy originated in the EU). Plans have been advocated as being the primary source of reference in determining sustainable objectives that improve the quality of the environment. Environmental plans have subsequently grown considerably from local authorities, government agencies and ad hoc groups, which has brought together different issues. The number of plans should not be seen as a problem, the important issue is whether their development is co-ordinated and to what effect decision-makers implement them. As we near 2002, the next Earth Summit will ask questions of LA21, as the UK councils are getting ready to launch their plans. However work has already begun on Community Plans, which outline strategies for the well being of the local area and its people, again all councils are required to produce these. In aim theyre very like LA21, it is not clear how the two will connect together. In some places the LA21 is acting as the first draft of the Community Plan, which has advantages and disadvantages. In other places completely different teams of officers are developing the Community Plan, and theres no guarantee of any connection between the two. It seems obvious that the people who took the trouble to have an input into the LA21 process will want to see some action come about as a result. Another concern is that Community Planning doesnt have the connection to the global picture that LA21 has built in. As environmental issues have become more complex, ways have been sought to measure the impacts of development. Environmental Impact Assessment (EIA) is a procedure introduced into the British planning system as a result of an EC Directive. EIA provides a powerful tool for aiding planning decisions; it has highlighted questions on the technical understanding of the environment and the availability of relevant information and skills. EIA needs to be able to subjectively demonstrate its understanding of development with their effects on the environment. The education of planners and access to environmental information is essential in making sense of the answers. Recent studies have shown that the UK does not have the extensive requirements for environmental assessment as some of its European counterparts. Sweden and the Netherlands have quite stringent regulations on the environmental assessment of its planning applications, New Zealand in particular requires all planning applications to have an environmental impact assessment statement. (UWE, 2000) This illustrates the differing views on sustainable objectives; countries such as Sweden and the Netherlands have interpreted it in terms of very specific principles, whereas the UK has applied a plethora of general statements, which incorporate the environment, economic and social dimensions of sustainability. However there is an overall general recognition from European countries towards the need for a more comprehensive view of planning. The importance of planning is perhaps best highlighted by looking at those nations which have a relatively weak framework; the USA system adopts a vary degree of influences, to the extent where it is difficult to identify any particular ethos. Major influences arise from the roles of non-governmental organisations and the US courts. It is worth noting that the USA has been one of the nations who have struggled to attain sustainable objectives. Is the UK planning system the best way to improve the environment? The UK needs to gain a greater understanding of sustainability and environmental protection and the implications for the operation of environmental planning. It seems that there are clear holes in national strategic planning, which have left the decisions to the lower tiers of government. Part of the reason could be the UK’s fairly complicated legislative framework, which perhaps needs to be simplified to allow for greater integration of environmental planning. IEEP, 1999, p60) This rigidness is reflected at all levels, but is particularly noticeable in local government where professional officers now have to understand the large scope of environmental policy, whilst adapting from an ethos of development led planning. Another factor is that senior planning officials may lack the environmental expertise needed to review planning applications. A issue accentuated by the fact most environmental data is presented with in-depth scientific knowledge, planners often have to sub-contract these aspects of an application to environmental experts. This is accentuated by the fact that pressure from central government to reduce the time taken to process planning applications may well conflict with environmental assessment, which invariably is a lengthy process. Criticisms of planners originate from the political nature of their profession. The key principle to maintain is the fact that the final decision rest with Politicians, planners have to remain the professional advisor, therefore the power to govern the land environmental will always remain in the hands of a political advocate. In reflection, planning in the UK has had a range of powerful tools that can effectively govern the environmental implemented in recent years. The main stimulus cannot be attributed to the national government, who have largely been apprehensive if not hostile in their approach to environmental policy. The spread of environmental concern is a direct result of public and international pressure; consequently governments have had to respond. The environment’s direct conflict with development has ensured that action has filter down to planning systems, which can effectively govern and control evelopment. The huge task of ensuring sustainable objectives is thus left to the local authority via the guidance from regional and central government, however the vagueness of which, means that LA21 objectives will vary greatly. This uncertainty has ensured that local sustainable development plans have been slow to be implemented. This is accentuated by the government’s reluctance to establish target-led planning, which could provide a valuable insight on how to tackle sustainable objectives head on. Therefore the issue of planning as the best means to improve environmental quality does represent an insincere statement. Planning is certainly a powerful tool in environmental protection, which is perhaps not being utilised to its fullest extent, but it will always have a heavy political influence. The growth of agencies outside the planning regime such as the Environment Agency can help ensure that environmental quality is maintained.

The Race to Space essays

The Race to Space essays Space, the last frontier, was possibly the most challenging of all to penetrate. Ironically, the penetration of this frontier came about through a period of political strife known as the Cold War. The Cold War was a time of great political tension and struggle, which followed World War II; it was a time when the world was divided by political beliefs and policies. Continents, nations, and even families were divided by political ideologies. This was an era that spawned many conflicts, conflicts that were unforgettable to those who lived through them. For example, the Vietnam War, and the Korean War are such conflicts. There is a battleground, however, that is perhaps one of the most memorable of all, the space race. During the cold war the United States, representing freedom and democracy, and the Soviet Union, representing communism, attempted to outdo each other through great achievements in space and thus glorify themselves and their political system. This was a period when an o therwise beneficial scientific program to explore a new frontier was lost in a heated political battlefield and new and amazing scientific achievements were drowned out or dulled in the mad world of political focus and ambition. With the Soviets already ahead in the space race in 1957, the Americans were quick to start on Project Mercury to get a man into space. Project Mercury was the first chance for American victory in the space race, especially since the Soviet Satellite Sputnik 1 already launched. The scientific significance of Project Mercury was quickly drowned out in the political chaos of the space race. The Russians were already working on a project to get a man into space and the Americans needed to hastily follow suit or lose face in the political battlefield. American scientists worked around the clock to develop a rocket and capsule that would do the job. Because of the politics of the era, the three main goals of Project Mer...

Sexually Transmitted Disease Brochure Assignment

Sexually Transmitted Disease Brochure - Assignment Example Syphilis cannot be transmitted through physical contact with eating utensils, shared clothing, bathtubs, swimming pools or toilet seats. Primary stage: This is the first stage of the disease may be characterized by single or multiple sores that are painless, round and firm in nature. The sores resemble the point of entry of the disease. Secondary stage: One may have oral, anal or vaginal sores and skin rashes at the same time. This stage begins with with one or many rashes on the body. These rashes may appear several weeks after the primary sore is healed. The rash may appear as rough, red spots on the bottom of the feet or the palm of the hands. This does not necessarily itch and thus may go unnoticed. This may present together with other symptoms such as swollen lymph nodes, fever, patchy hair loss, weight loss, sore throat, headaches, fatigue and muscle aches. Symptoms may disappear regardless of treatment or not. The infection will proceed to the latent stage without the right treatment. Latent stages: The latent stage starts when the early signs and symptoms disappear. Without the right treatment one may continue to harbor the syphilis bacterium in their body for years without showing any signs and symptoms. Most individuals with untreated syphilis do not go to the late stage of the disease. However, when they proceed to the late stage, the disease is very serious. Late stages: This may present after 10 to 30 years from the initial day of infection. The symptoms are severe and include paralysis, numbness, blindness, dementia and difficulty coordinating muscle movements. The disease may damage internal organs and may result in death. Pathology of syphilis: The bacterium responsible for syphilis is called Treponema pallidum. For the transmission to take place there almost needs to be direct contact with the infectious sore. The bacterium quickly penetrates the

Wall Mart Audit Essay Example | Topics and Well Written Essays - 1000 words

Wall Mart Audit - Essay Example John Fleming and Stephen Quinn were associated with the three-year plan proposed by Eduardo Castro-Wright, former president and Chief Executive of Wal-Mart Stores U.S., the objective of the plan was to increase sales and profitability (Andrew, 2007). The authorities own more than fifty percent of the shares. The members and executives are internal, and no external members have remained affiliated with board of directors, however there have been certain exceptions in past. The stocks owned by the directors and executives have been traded privately. The members of the board of directors have contributed in vigilant manner; and have sufficient experience and qualification to execute their respective task. Charles Holley, the Wal-Mart treasurer, commented that the shuffles at managerial levels "had been overplayed in the media", he regarded that shuffles are normal procedure, and adopted in Wal-Mart on routine basis so that management shall carry diversified experience. According to reports, "Wal-Mart has a history of shuffling top executives so they can learn how different parts of the business operate, Cast is moving into a broader role at the retailer that will involve heading business strategy and strategic planning for Wal-Mart Stores, Vazquez will oversee all day-to-day operations at Walmart.com and will also focus on expanding the site's merchandise assortment". The Castro-Wright will supervise the assignments of Cast and Vazquez; both the executive authorities are required to report to Castro-Wright (Philip, 2007). The recent managerial shuffles have kindled the hopes of the shareholders, it is expected that the appointees have experience and qualification to deliver excellenc e and profits. Strategic Alternatives and Recommended Strategy: Managerial Changes The management shuffle under taken by the company has been rare in any of the American organization. Eduardo Castro-Wright has taken the charge was CEO of the Wal-Mart Stores Division World Wide (except for United States), whereas Doug McMillon has been appointed as the CEO of the Wal-Mart Stores Division in the United States. Soon after the appointment of John Fleming as Chief Merchandising Officer, he introduced major shuffles in his merchandising leadership team. Lee Scott is the CEO and John Menzer is Vice Chairman of the Wal-Mart America (Grant, 2007). Mr. McMillon, the CEO of the Wal-Mart America, has been admired and respected by the suppliers and others who have remained affiliated with the company. Mr. Castro-Wright has been least popular among the suppliers, he has been credited "for renewed effort to increase inventory turns, which has increased pressure on sales, and is believed to be well-regarded by senior Wal-Mart management and the company's board". Ms. Pat Curaan is expected to succeed Mr. McMillon as CEO of Wal-Mart America, and she'll be the first woman to lead the operating units of Wal-Mart (Emilio, 2007). Mr. John Westling has been promoted as the in-charge of Wal-Mart's inventory-replenishment operations, and it is believed that the "he'll work to expand efforts to reduce the retailer's inventory"; he was previously Senior VP-general manager of consumables. Mr. MCall has been appointed as the senior VP-general manager of consumables. Mr. Gary Severson will remain as Senior Vice President of Entertainment, and will be assisted by Ms. Laura Phillips, Mr. Kevin

Catholic Church so successfully in the years 1517-1525 Essay Example for Free

Catholic Church so successfully in the years 1517-1525 Essay Why was Luther able to challenge the Catholic Church so successfully in the years 1517-1525? Various reasons contributed to Martin Luther’s success in challenging the Catholic Church from the years 1517-25. The five key reasons behind Luther’s success were his protection by Frederick the Wise, the fact his ideas were appealing and popular, his passion and determination, the failures of the Church itself and finally, the timing of his challenge. Some of these factors also affected each other and these links provide the strength which allowed Luther’s revolt to be so successful. This is because one of these factors alone would not have been sufficient in preventing Luther gaining the same fate as those who attempted a reformation before him. Conversely, some reasons can also be considered as having a larger and more widespread effect than others, meaning they were more significant in contributing to the final outcome. Frederick the Wise, Elector of Saxony and founder of the University of Wittenberg was the most powerful early defender of Luther. He played a large role in helping Luther keep his message spreading and on several occasions used his authority to benefit Luther’s revolt. For example, The Papal Bull of Excommunication was never carried out in Saxony and neither were the terms of the Edict of The Worms. Also, Frederick persuaded Charles V to carry out the Diet of Worms in German, instead of Rome, so that Luther could defend himself safely. Another way Frederick defended Luther was in 1521 when he had him ‘kidnapped’ on his way back from Worms and taken to the Wartburg for his safety. The significance of Frederick the Wise’s protection is that he ultimately prevented Luther from being killed or persecuted by those who disagreed with his motives. This in turn allowed his message to carry on spreading and to be developed. Therefore, Frederick the Wise had a fundamental effect on the Lutheran movement because although he never converted to the religion, he contributed to its development and influence over Saxony. The main reason Wise supported Luther was because Luther was a teacher at his University and Wise did not want it to gain a bad reputation. However, other reasons can also be considered such as the fact that Luther’s ideas proved popular and therefore Frederick was happy to support him. Essentially, Luther’s success relied upon his ideas being popular and the reason for this was due to the fact his ideas appealed to people of all classes. He addressed his message differently to both the princes, in Address to the Christian Nobility, and the peasants, by creating sermons and woodcuts. This allowed his message to spread among everyone. His ideas appealed to the different classes; peasants interpreted his message of ‘priesthood of all believers’ as supporting social equality and used it as a basis for the Peasants War in 1525 thus showing they supported Luther up until this point. The nobility also joined the reform movement as they believed it would strengthen their political position and remove papal influence in their territories. His popularity is shown by the fact his publications were of the most popular at the time. The fact his ideas were popular were vital to his success as his argument had to be seen as valid for him to gain support. Moreover, the fact he had support from a variety of everyday Germans was crucial for keeping his message spreading. A significant reason for his ideas proving popular is due to the church’s failures which at the time was becoming increasingly less tolerated and gave a clear example of the faults he was trying to highlight. The lack of tolerance towards the church was due to the fact that many Germans saw the Pope as a foreigner who did little to benefit Catholics, despite the high papal taxes they had to pay to him. These taxes were used to pay for the rebuilding of St Peter’s Basilica in Rome thus not being advantageous to the Germans who were paying the tax. However the intolerance was not only towards the papacy but also parish priests who were not fulfilling their pastoral duties. Many also committed clerical abuses such as pluralism and simony. As a result, people generally had the growing feeling they were being exploited for their money and faith. This feeling over anticlericalism was further developed from Luther’s ideas. It is also a reason for the fact Luther’s ideas were popular, because they could be related too and agreed with. Failures of the Church were not a directly significant reason for Luther’s success, it allowed him to gain more support but only because his ideas were popular. Anticlericalism had been around for a long time, and only enhanced the popularity of his message as it coincided with a time when intolerance towards church failures was increasing. Another reason for Luther’s ideas proving popular was due to his personality and passion for making a change. This passion is seen through his obsession with finding salvation. In addition, he was fearless in putting his point across regardless of consequences such as in 1519 in his debate with Johann Eck where he argued his ideas confidently and 1521 at the Diet of Worms, where he claimed that by recanting, he would be promoting tyranny and his conscience would not allow him to do so, therefore he would not be silenced. Luther’s determination also relates to why his ideas proved popular, he had the power to make people believe and support him. This determination meant he was the catalyst for the reformation in Europe. He not only believed there was corruption in the Catholic Church, but spoke out publicly about his ideas that salvation would be found through faith alone. It also links to Frederick’s choice to defend him because his passion earned him the role as a lecturer at Wittenberg University which meant Frederick was more willing to support him. Luther’s personality was important for his success, he was determined to change the system of the Church and this prevented him from giving up, and instead keeping his message extending across the Empire. The final factor that can be considered and linked to the others is the timing of Luther’s movement. It coincided with the return of the Renaissance era which invited new thinking about education and society that came from ancient Greek and Roman teachings. These secular, humanist ideas believed that the Church should not rule civic matter but only give guidance in spiritual matters, which Luther also emphasised in his teachings. In other words, he agreed with the Renaissance way of thinking, focusing on the present, and seeing that change was desperately needed in the Catholic Church. This was significant as it ran parallel to his beliefs and helped in the development of his own ideas, as well as making them more relatable to everyday Germans, therefore having a similar effect to that of intolerance towards anticlericalism. In addition, his ideas were spread quicker by the invention of the printing press. His Ninety Five Theses was printed, meaning his word was spread rapidly. Previous to the printing press, people with ideas had no effective way to spread them. Therefore, the printing press also links to the fact his ideas were seen as popular because they could be seen by many. On the contrary, the fact that less than 10% of the population could read or write was a limiting factor to the spread of his message. Therefore, the fact his revolt began at a time when society and technology was also changing means it was carried along with the flow of new, revolutionary ideas, which helped his message to be heard by more people. In conclusion, many of these factors link together to produce the same outcome – that Luther’s revolt was a successful one. However, the most important factor was that his ideas proved popular. This was because they, to an extent, were radical, new and well-liked. Martin Luther was one of the first to think outside of what the church taught him. He began to question the church’s authority and what was going on inside the Church – what he found was corruption, greed and malpractice. But this alone would not have made him so successful. His personality played a role by making him determined to speak up about it and therefore gain more support, making his ideas even more popular. Without these two factors working together, he never would have gained strong enough support to form a fully fledged reformation. However, more importantly than his personality was the protection he acquired from Frederick the Wise; this kept him from Harm’s way and allowed his message to carry on spreading. Additionally, to this was the significance of the timing of his actions. It turned what would have been a small rebellion into a national reorganization of the Church, due to the printing press and Renaissance era. Finally, but with less slightly less importance, was the Church’s own failures. On one hand it was important to his success because it emphasised the corruption he was describing, making it more relatable. On the other hand, anticlericalism had been around for a long time, it only emphasised his message but did not contribute to its successfulness. In summary, all five factors played an important role however the most important were that his ideas proved popular , due to his personality, and his protection by Frederick the Wise. The other elements played lesser roles but were still important in helping his message spread to a wider audience.

The Philippine Party-List System: Absence of a Clear Seat Allocation Fo

The Party-List System of proportional representation is a relatively new addition to Philippine politics and specifically in the electoral system of the country. It was only introduced in 1987, by then, the new constitution and formalized by R.A. 7941 (The Party-list System Act) in 1995, to open the legislature to marginalized and underrepresented sectors or groups without a well-defined political constituencies but who could contribute to policy formulation beneficial to the nation. (R.A. 7941 1995, Sec. 2) Since then there had been various problems in implementing the statutory law and the principles of the constitutional provision on the party-list system. Rodriguez and Velasco (1998, 36-48) and Tangkia and Habaradas (2001) enumerated some of them: low voter turnout, COMELEC inefficiency in public information dissemination, and confusing instructions in explaining a new ballot structure. However, one of its longest standing issues is the seat allocation since R.A. 7941 does not provide a clear formula for translating votes into seats. (Rodriguez 2002, 25 and Rodriguez and Velasco 1998, 39) An allocation formula is one of the basic and most fundamental requisites of a party-list system. Yet ironically, the authors of the governing law seemed to have forgotten to include a clear allocation formula even though it was tackled during the deliberations of R.A. 7941’s origin bills. The effects of its absence were most evident during the 1998 and 2007 elections. In 1998, 14 party-list seats were already filled with finality using the â€Å"2-4-6 COMELEC formula.† The said formula apportioned a seat for every 2% a party garnered in the party-list votes. For example, APEC was given two seats with its 5.5% but ABA (second... .... 2007. â€Å"The Party-List System in the Philippines: Proportional Representation and Seat Allocation Errors.† Discussion Paper. QC: Center for People Empowerment in Governance/University of the Philippines. Republic Act 7941. 1995. â€Å"The Party-list System Act.† Rodriguez, Agustin Martin G. and Djorina Velasco. 1998. Democracy Rising? The Trials and Triumphs of the 1998 Party-List Elections. QC: Institute of Politics and Governance and Friedrich-Ebert-Stiftung. Rodriguez, Agustin Martin G. 2002. The Winding Road to Representation: The Philippine Party-List Experience. Makati: Ateneo School of Government and Friedrich-Ebert-Stiftung. Tangkia, Fritzie Palma and Ma.AraceliBascoHabaradas. 2001.â€Å"Party-List System: The Philippine Experience. Friedrich-Ebert-Stiftung Philippines.http://www.library.fes.de/pdffiles/bueros/philippinen/50076.pdf. (November 27, 2011).

The Impact of the Activities of Quacks on the Practice of Real Estate

THE IMPACT OF THE ACTIVITIES OF QUACKS ON THE PRACTICE OF REAL ESTATE PROFESSION IN NIGERIA. BY OREAGBA . K. OMOTOKE IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELOR OF SCIENCE DEGREE (HONS) IN ESTATE MANAGEMENT DEPARTMENT OF ESTATE MANAGEMENT JANUARY, 2011. CHAPTER ONE INTRODUCTION 1. 1. Background to the Study The notion of professionalism is based upon a practitioner in whatever vocational field to serve not only his client but also the society at large.This implies the need to maintain a high degree of ethical responsibility and conduct, because integrity must be the watch word for any profession. Thus the attainment of professional status involves a discipline of study, a compilation of knowledge and a basis of trust coupled with practical experience. However, the more diversified the field of practice, the less likely it becomes for high professional codes and standards to be maintained and therefore estate agency in particular can present problems.Agency can be referred to as the business of representing or providing a particular service for people or organizations while an agent is a person who acts on behalf of another with respect to a particular transaction, also an agent as somebody who officially represents somebody else in business or somebody who provides a particular service for another. On the other hand, Real Estate,  in  broad  definition, refers to land and everything fixed permanently a part thereof, and the nature and extent of one's interest therein. In law, the word real, as it relates to property, means land as distinguished from ersonal property; and estate is defined as the interest one has in property. Valuers, Appraisers and Estate Agents Act 1981 defined estate agency practice as acting or holding oneself out to the public as ready to act, for a commission, fee, reward or other consideration, as an agent in respect of the sale or other disposal of land and buildings and of any interest therein or the purcha se or other acquisition of land and buildings and of any interest therein or in respect of the leasing or letting of land and buildings and of any interest therein.Ibiyode(2009) in an interview with the Saturday Tribune refers to an untrained and unregistered member of the Nigerian Institution of Estate Surveyors and Valuers (NIESV) practising estate agency as a quack. Over the years, real estate agency practice has witnessed the influx of both professionals and non-professionals alike. Registered Estate Surveyors and Valuers, lawyers that serve as solicitors, property consultants, mortgage institutions, land vendors and uneducated intermediaries are found in estate agency business (Opalana, 2009).Akomolede (2006) makes the point that it is only idle and unsuccessful lawyers who leave their own profession to dabble into estate agency. He further explained that butchers, mechanics, drivers, accountants, lawyers, teachers, students, security guards, even idle housewives and just about anybody can dabble into the practice for the purpose of earning a commission.Statistics derived by Akpoyibo ( 2009) shows that in the past 5 to 8 years, fraudsters, operating under the cover of estate developers, estate agents, property consultants and management, among other business names, have taken over the city of Lagos, duping and bringing misery and confusion into the lives of their victims. Some of their methods are quite sophisticated, they would place advertisements in the print and electronic media, use bill boards and even print hand bills to announce vacancies for flats, self-contained apartments to let or even land and houses for sale (Akpoyibo, 2009).This situation has seriously affected the image of practicing Estate Surveyors whereby owners of properties have handed over sales and lettings of their different properties to agents who in most cases are not reliable and do not have legal rights to carry out such activities and who cannot follow up the monitoring and p roper maintenance of their client’s properties.In such cases the owner of the properties is at risk of bad tenant and poor maintenance which results in loss of client’s money. In the course of reading all this, the researcher was prompted to find out in what way has the activities of quacks affected Real Estate Profession with special focus on real estate agency and property dealings in Lagos Island and its environs due to its high volume of letting and sales transactions. 1. 2. Statement of Research ProblemAccording to Akomolede (2006), the biggest problem facing the estate agency business in Nigeria today is the absence of regulation, there is no enabling law under which estate agents are registered and controlled; the danger is that the profession in its present state allows for the intrusion of all kinds of quacks. Another main problem with the current system is that there is no requirement to belong to a regulatory body in order to set up and practice as an agent. Estate agents may choose to become members of the Royal Institution of Chartered Surveyors or the National Association of Estate Agents, and it's a good idea to check for their membership of these bodies when choosing one to work on your behalf. Crime Watch investigations published in the PM News (17th September, 2009) revealed that most of the properties advertised for rent or lease do not exist, and where they exist, people are joining hundreds of other victims to line the greedy pockets of these criminals.It was also revealed that between last year and today, over 1,000 house seekers in Lagos State have been duped by these con men, while several millions of naira has been lost. Some families have lost their entire life savings and some have faced destitution through the activities of these rogues. This study’s greatest concern is the fact that more and more house seekers are falling into the hands of these quacks and several millions of naira is fraudulently collected on a daily basis from Lagosians. The major questions this study intends to answer therefore include: i.What laws have been in place to control the activities of quacks in Nigeria? ii. What are the effects of quacks on Real Estate Practice ? iii. What can be done to minimize their activities? 1. 3. Aim and Objectives of Study The aim of this research is to study the impact of the activities of quacks on the practice of real estate profession in Nigeria, with particular reference to Lagos Island property market. In achieving the aim of this study, the specific objectives are to: i. Examine the laws relating to the practice of estate agency in Nigeria. ii.Asertain peculiar effects of quacks on practice of estate agency in the study area. iii. Identify ways to minimize the activities of quacks to enhance Real estate practice. 1. 4. Significance of the Study Several writers have partly examined the impacts and effects of quacks on estate agency practice. In relation to their individual studi es, this study will examine all aspect of quackery related activity by identifying who these quacks are, also by examining the laws that regulates the practice of estate agency as well as suggesting possible solutions to this menace.This project will serve as an incentive especially to students currently studying estate management and for those whose specialty would be estate agency because it will assist in properly orienting them as propective estate surveyors, and also to the public letting them know who they can relate with and how to identify Estate Surveyors and Valuers. This study is also important because it would reveal the activities of quacks/non-professionals in estate agency, thus enabling the Nigerian Institution of Estate Surveyors and Valuers to be in a good position to fashion out new codes of conduct for its members and find ways of dealing with quacks.This research is to enable the readers understand why and how these quacks operate under the covering of estate de velopers, estate agents, property consultants and management, this is because it has been noticed by Crime Watch investigations that these quacks have taken over the city of Lagos, duping and bringing misery and confusion into the lives of their victims. A detailed study that would undergo the complete research requirements would no doubt minimize, if not eradicate the activities of quacks in estate agency practice.This is what this study intends to achieve in addition to promoting patriotism of agency surveyors in the property market. This research will go a long way in abolishing the activities of quacks and also letting the public know who specifically they can relate with and how to identify them, also prevent the public from entering into wrong hands. 1. 5. Scope of the Study No matter how ambitious a researcher could be, no single study can be all encompassing. Hence, study limits have to be defined clearly. In this view his study focuses on the the impact of the activities of quacks on the practice of Real Estate Profession in Nigeria. Estate agency is choosen amongst other aspects of real estate profession, because the other aspects of the profession needs licensing before one can practise, basically an eatate agent do not need professional qualifications to practice. Also the activities of the quacks affect more people at the lower rung of social and economic ladder. However, time constraint does not allow for the coverage of the entire country.For this reason, the scope of this research is restricted to Lagos Island, because it is known to be a commercial area and it plays host to the main government buildings, shops and offices. Lagos Island contains a central business district and this district is characterized by high-rise buildings where all sort of activities take place, most commercial and financial businesses are transacted and also where different professionals are based, and also because it is vast and has a lot of estate firms within the ar ea. 1. 6. Study Area Lagos Island contains a central business district.This district is characterized by high-rise buildings. The island also contains many of the city's largest wholesale market places (such as the popular Idumota and Balogun markets). It also has the National Museum of Nigeria, a Central mosque, Glover Memorial Hall, Christ's Cathedral (CMS), and the Oba palace. Though formerly in derelict condition, the Tinubu Square on the island is a site of historical importance; it was here that the amalgamation ceremony that unified the Northern and Southern protectorates to form Nigeria took place in 1914.Lagos Island is the principal and central local government area of the Metropolitan Lagos in Nigeria. It is part of the Lagos Division. According to 2006 Nigerian census, the Local Government Area (LGA) had a population of 209,437 in an area of 8. 7 km?. The Local Government Area (LGA) only covers the western half of Lagos Island; the eastern half is under the jurisdiction of Eti-Osa Local Government Area (LGA). The Island has continued to rapidly develop and is a favourite spot for Nigerians and foreigners to live and play.However the influx of banks and other commercial ventures has changed the formerly serene atmosphere of the Island. Today, Lagos Island is one of Nigeria's busiest centres of banking and commerce, with most Nigerian and international corporations headquartered on the Island. Study Area Fig. 1 Map of the Local Government Areas of Lagos with study area highlighted. Source : wikimedia (2006). Map showing the 16 LGAs making up Metropolitan Lagos. Note that Metropolitan Lagos is a statistical area and not an administrative entity unlike Lagos State. 1. 7. Limitations of the study.The research is designed such that it identifies the impact of the activities of quacks on the practice of real estate profession and also proffer solutions so identified. However, the limitation of the research is borne on the fact that covering the entire sta te was not possible, thus, an area was selected for the purpose of this research. Other limitations include financial constraints, time constraints, transportation problems, limited exeat from the school premises and the target populace in giving information as regards the subject matter. 1. 8. Definition of termsIn a study of this nature, it is considered necessary and desirable to define key terms with a view to clarifying both operational and constructive definitions to avoid ambiguity. Constructive definition involves substituting the concept or construct of the term we are defining with other concepts or constructs, the operational definition requires that the concept or construct be assigned a type of meaning which the researcher wants to carry throughout the study. Agent: An â€Å"agent†, broadly defined, is a person who affects the legal relations of another person, called the â€Å"principal†.The agent can affect the legal relations of the principal in several ways but does so primarily through entering into contractual relationships on behalf of the principal. If, for example, A (as agent) enters into a contract with X on behalf of P (the principal), A having disclosed to X that she is acting on behalf of P, the contract will be a contract between X and P (and not a contract between X and A). The principal can also be vicariously liable for the torts committed by the principal’s agent.Estate agent: is a person that represents some other person in property or land dealings. He could provide land and property related services which moslty include the sales, letting or management of land and buildings. An agent that specialises in Letting/Sales transaction is called an agency surveyor. Principal: is one who authorises and controls the actions of the estate agent. In commercial law, a principal is a person legal or natural–who authorizes an agent to act to create one or more legal relationships with a third party.Disclosed pri ncipal is a class of principal, where at the time of the transaction made by the Agent with the Third Party, the latter knows that the person he is dealing with is acting as an Agent and also knows the Principal’s identity. Partially disclosed principal is a class of principal where, at the time of the transaction, the Third Party knows that the person he is dealing with is acting as an Agent acting but does not know the Principal’s identity and undisclosed principal, the person acting as an Agent represents is acting on their own behalf and does not disclose the existence of the agency relationship.This is usually because the Principal is wealthy and believes that money can be saved on the proposed deal if their involvement is hidden. Quack: is someone who pretends to have a professional knowledge (which he does not possess), he is also a person who generally claims to have knowledge in real estate while he does not. He has not undergone any professional training and naturally will not work in the capacity of a manager Property: is any physical or intangible entity that is owned by a person or jointly by a group of persons.Important widely recognized types of property include real property (land), personal property (physical possessions belonging to a person), private property (property owned by legal persons or business entities), public property (state owned or publicly owned and available possessions) and intellectual property (exclusive rights over artistic creations, inventions, etc), although the latter is not always as widely recognized or enforce. 1. 9.Chapter Summary In chapter one, a vivid introduction of the research work was given by exploring the background to the study, statement of research problem including research questions, objectives of the study, significance of the study, scope of the study, study area, limitations of the study and the definition of terms. The next Chapter is a review of relevant literature on the subject o f study. CHAPTER TWO LITERATURE REVIEW 2. 1 IntroductionDescribing quackery as one of the greatest challenges confronting estate surveyors in the state, Nemieboka (2010) revealed that quacks infiltrate the estate profession through the practice of estate agency which is one of the major aspect of the profession whereby the professional represents either the buyer or seller in law and valuation and guide his client on how best to go about the business in the property market. Apparently, the business of estate agency has become an all-comers affair, opening a floodgate of quacks.These quacks are allowed such liberty because the house owners are not adversely affected by their activities since they believe that in the long run, they get whatever accrues to them as rent, rather effortlessly, leaving tenants to bear the financial brunt (Amaku and Ogunleye, 2010). Therefore the literature reviewed includes, the creation of estate agency, the types of estate agency,the duties and terminati on of estate agency, the different laws governing estate agency, code of conduct for estate agents, the activities of quacks, factors responsible for the emergence of quacks and also the steps to becoming an estate surveyor. . 2. Estate Agency Relationship Fillmore, Wellington ;Robert (2003) in their works identified that principal-agent relationship evolved from master-servant relationship under English common law. In that relationship, the servant owed abosolute loyalty to the master. This loyalty replaced the servant’s personal intrests as well as any loyalty the servant might owe to others. In a mordern day agency relationship, the agent owes the principal similar loyalty.The agent is regarded as expert on whom the principal can rely for specialised professional advice. Estate agency can be described as a relationship resulting from an agreement authorising an agent to represent, act for and be subject to control of a principal in dealing with a third party. They went fur ther to explain that estate agency involves the buying, selling, letting and leasing of intrests in land and property on behalf of others which applies to all types of real estate namely: residential, commercial, industrial, agricultural.ACCA F4 Corporate and Business Law (2010) contributed to agency relationship, and defines an agent as a person (or company) that acts on behalf of a principal. This means that in the estate agency relationship, the agent is acting on behalf of another rather than in their own right. Third parties Agent Principal Source: ACCA F4 Corporate and Business Law (2010). Since the agent is not acting on his/ her own behalf, any contracts that the agent negotiates on behalf of the agent have this effect: Third parties Principal Source: ACCA F4 Corporate and Business Law (2010)This means that all the rights and obligations of any contract negotiated by the agent are rights and obligations of the principal and the third parties. Principal and agent relationship in law is a voluntary legal relationship between two parties whereby one, the agent, is authorized by express or implied consent to act on behalf of the other, called the principal. The designated agent can thus affect or conduct the legal affairs of the principal with others, as in the case of the agreement known as power of attorney.The authorized acts of the agent are thus considered to be the acts of the principal, who is entitled to the benefits, if any, from these actions. The relationship differs from that of master and servant in that the agent is the representative, as well as the employee, of the principal (Microsoft Encata (2008). Dave (2010) is of the opinion that agency is the special relationship whereby one person (agent) agrees on behalf of another (principal) to conclude a contract between the principal and a third party.The most common agency relationships are; Buyer’s Agency: in a buyer’s agency relationship, the buyer is considered the client. Sell er’s Agency: a seller’s agency relationship represents the seller in the transaction and the seller is considered the client. Dual Agency: In a dual agency, an agent represents both buyer and seller in a single transaction and carries fiduciary responsibilities to both principals Any person who has legal capacity to make contracts can appoint an agent, who in turn must be of legal age and of sound mind.A corporation or a partnership, as well as an individual, can be either principal or agent. The agent may be appointed by actual agreement, or may be acknowledged as such by actions on his or her and a principal's part indicating such a mutual agreement. Obligations of the agent vary according to the particular agreement with the principal, who is generally required to act by specific instructions and is held responsible for wrongful acts of the agent only when they fall within the scope of the legal contract.The agent, besides being paid for services, is entitled to rei mbursement for particular expenses. 2. 3. Historical Background of Estate Agency The precise origin of estate agency is still a subject of controversy and a little cloudy. Some belive it originated from lawyers who were responsible for the drafting of lease and conveyances in respect of dwelling houses and agricultural land but no concrete evidence as to the authenticity of any precise origin exists (Olayinka, 2010). From researches, many belive that estate agency emerged from the profession of law i. attorney who developed the autioneering sides of their practices but this was refuted by Ash (1958) who states that estate agency grew from old auctioneers who were chattel men ( but surely also agricultural auctioners) who turned eagerly to the exiciting prospect of selling big landed estates and that the expression â€Å"estate agent† was coined to describe the parctitioner who did more of selling and buying than auctioneering. This is basically true because throughout the cou ntry one can readily identify firms of estate agents that grew directly from this source and who will still combine the sale of real roperty with earlier skills which still go a great deal further than autioneering (Jacobus, Charles, and Bruce, 1998). The employment by great land owners of persons to oversee their holdings, deal with tenure, rentals and many other matters on behalf of their lords goes far back to the Norman conquest. It could be argued that the stewards were agmonst the progenitor of todays â€Å"general practitioners† and as most of todays practising estate agents can be so described as being one of the origins from which they sprang.Yet they really operated as managing agents and could not be said to have operated in a free and open market therefore estate agency was then practiced by a priviledged few. Real estate practice grew out of England’s industrial development and it is the upheaval of the nineteenth century with its redistribution of ownersh ip and its multiplication of problems affecting property that can be traced to the vocation of auctioneers and estate agents (Stephens, 1981). Ash (1958) writing on the first auctioneer suggested that real estate activities originated and developed with Christopher Cook of the great piazza in Covent Garden.His first sale announcement which was entirely devoted to land appeared in the London evening post in April 1740, following this he built a considerable practise. Real estate practice grew out of England industrial development and it is the upheaval of the nineteeth century with its redistribution of ownership and its multiplication of problems affecting property that can be traced to the vocation of auctioners and estate agents (Olayinka, 2010). He went further to state that in the eighteenth century, the conditions govering the possesion of real estate were vastly different from those prevailing today.Landowners were an exclusive and priviledged and certainly limited class so fa r, land changing hands with any frequency was held for most parts in large estate and by the same families from generation. Therefore the real estate was free from modern perplexities (Ash, 1958). Fillmore, Wellington &Robert (2003) maintained that common law, law of agency is the basic framework of the law that governs the legal responsibilities of the estate agents to the people they represent. The fundamental of agency law has remained largely unchanged for hundreds of years.However the application of the law has changed dramatically, particuarly in residential transaction and especially in recent years. Oni (2009) in his book, Real Estate Marketing revealed that in recent times in Nigeria, a number of professional bodies have been formed, the oldest recognizable one is the Royal Institute Of Chartered Surveyors (RICS) founded in 1868 as the institute of surveyors. As the name implies, the early members were limited to those whose task it was to survey land and to oversee, report on and manage the land.Membership of RICS are professionals in the feild of Estate Surveying and Valuation, Land surveying and Quantity Surveying. The organised body recognised for the regulation of practise of estate agency in Nigeria is the Nigerian Institution of Estate Surveyors and Valuers (NIESV). The practitioners are referred to as Estate Surveyors and Valuers. However, the corporate affairs commission regards estate agency as a business concern and classifies it under general business practice.This has partly accounted for why non- professionals, otherwise called â€Å"quacks†engage in the practice of estate agency without regulation. According to Stephens (1981), there is a high level of statisfaction with the services rendered by estate agents. If changes occurs, it might be in form of fewer or larger firms and computerisation in the future. 2. 4. Creation of Agency Creation of agency is viewed by Oni (2009) which is seen in two major ways :Expressly, By implicati on. Express creation maybe oraly made or could be done in writing, usually under seal.A form of written instruction â€Å"power of attorney† is usually given. This is an authorization to act on someone else’s behalf in a transaction involving land or land and building. Implied creation of agency can come in three ways :By Estoppel, by ratification and by necessity. By estoppel it means that one can be portrayed as an agent of another person. This type is of limited character and is sometimes known as â€Å"agency by estoppel† because parties bound by contract are prevented or â€Å"estopped† by law, or by conduct, from denying the existence of the agency.By ratification, this is permised on the equal dignity rule†. The rule is a principle of law that requires an authorization for someone performing certain acts for another person to have been appointed with the same formality and required for the act the representative is going to perform. By necess ity occurs when a situation arises in emergency condition where a person is obliged to act in order to prevent irrepearable loss to another. However three conditions must be atisfied before this type of agency can be created: It must be impracticable or impossible to communicate with the owner of the goods in order to get instructions, the agent must have acted in the best interest of the client and there must be imminent commercial necessity. According to Fillmore, Wellington &Robert (2003) research, it shows that an agency relationship may be based on formal agreement between the parties, an express agency, or it may result from the parties’ behaviour, an implied agency.It is an express agency when the principal and agent enters into a contract, or an express agreement, in which the parties formally express their intention to establish an agency and state its terms and conditions. The agreement maybe either oral or written. It is an implied agency when agency is created by implied agreement. This occurs when the actions of the parties indicate that they have mutually consented to an agency.ACCA F4 Corporate and Business Law (2010) maintained that principal/agent relationship can be created in a number of ways; Agreement, Ratification, Estoppel, Necessity Agreement: This is the most common manner in which a principal/agent relationship comes into existence. In this situation, the agent is specifically appointed by the principal to carry out a particular task or to undertake some general function. In most situations, the appointment of the agent will itself involve the establishment of a contractual relationship between the principal and the agent but need not necessarily depend upon a contract between the parties.Ratification: An agency is created by ratification when a person who has not actual authority purports to contract with a third party on behalf of a principal and the principal subsequently accepts the contract. Where the principal elects to r atify the contract, it gives retrospective validity to the action of the purported agent Estoppel: This form of agency is also known as „agency by holding out? and arises where the principal has led other parties to believe that a person has the authority to represent him.In such circumstances, even though no principal/agency relationship actually exists in fact, the principal is prevented (estopped) from denying the existence of the agency relationship and is bound by the action of his or her purported agent as regards any third party who acted in the belief of its existence. To rely on agency by estoppel, there must have been a representation by the principal as to the authority of the agent (Freeman and Lockyer v Buckhurst Park Properties Ltd (1964)) and the party seeking to rely on it must have relied on the representation.Necessity: Agency by necessity occurs under circumstances where, although there is no agreement between the parties, an emergency requires that an agent take particular action in order to protect the interests of the principal. The usual situation which gives rise to agency by necessity occurs where the agent is in possession of the principal? s property and, due to some unforeseen emergency, the agent has to take action to safeguard that property. 2. 5. Types of AgencyFillmore, Wellington & Robert (1988) explained that one major characteristic feature of estate agency is that more than one agent maybe involved in disposing off a particular property. This may occur whereby the owner of the property instructs more than one agent or where the agent himself appoints one or more sub- agents. This has given rise to four types of agency. i. Sole Agency ii. Joint Agency iii. Sub Agency iv. Multiple Agency. Sole Agency: this is when a client (house owner) appoints a single agent to dispose or let a property.However, the principal in some cases do sell the property personally despite his instruction to the agent but will not be allowed to s ell through another agent especially where the sole agency is created by a valid contract. Joint Agency: this arises where two agents are instructed by a principal to act jointly and cooperate in effecting the vendor’s instruction and share whatever fee is agreed as commission. Sub Agency: this exists where the type of property desired by a client in an area is not available in the agents’ portfolio, thus, the principal agent appoints a firm of sub-agents to cooperate in the contract.Multiple Agencies: this is the situation where the principal instructs several agents and each acting independently of the others with a view to reaching as large and wide market, expedite sales and procuring a better price. The winner takes all situations when it comes to commission. 2. 6. Duties and Rights of an Estate Agent Estate agents are legally obliged to put their client’s intrests above anyone else’s. They must keep clients information confidential and obey their cl ient’s lawful instructions. They have to report any useful information to their clients that they find out, concerning the seller or buyer.They have to account to their client for any money involved with their work. They are required to answer the principals questions to clarify their understanding of regulations and their responsibilities other parties involved. Lawdit readingroom (2006), an estate agent shall explain to every prospective party to any written offer or contract negotiated or procured by him in his capacity as an estate agent, prior to signature thereof by such party, the meaning and consequences of the material provisions of such offer or contract, or, if he is unable to do so, refer such party to a person who can do so. i.To obey the lawful instructions of the principal. ii. Not to delegate, sub-contract his authority. iii. Only to act within the limits of his authority (actual or ostensible). iv. Not to make a secret profit or accept bribes. v. Not to put h imself into a situation where his interests will conflict with those of his principal. vi. To use reasonable diligence and care, and reasonable dispatch. vii. To disclose all material facts to the principal and to refrain from divulging confidential information to third parties. viii. To account to the principal for property and money of the principal, which is under his control.Lawdit readingroom (2006) explained that the principal duties of an estate agent may be specified in the contract between principal and agent. A qualified professional agent after accepting an instruction from his client and concluding the basis of his contract has the following rights: i. He is entitled to compensation and renumeration for services rendered. ii. He must be indemified against all losses and liabilities suffered on behalf of his client and also reimbursed for expences incurred. iii. He may retain possession of his principals property untill he has been fully paid iv. Continue employment for t ime period specified. 2. 7.Liabilities of an Estate Agent Acccording to Fillmore, Wellington & Robert (1988), it appears that no man longer wishes to take the slightest risk on his property and attempts to insure himself against accidents, theft, fire, flooding damage or risks arising from renting accommodation. Therefore, the subject of liability is of importance both for real estate agents and their clients. Also the severity shown towards real estate professionals constitutes the price at their success where the value of their work and professional knowledge is recognised more each day, therefore, being competent and prudent to a client is of great importance.As one is to be ever prudent, the real estate professional must act with discernment and must seek advice of many technical experts in other fields of construction before embarking upon a project with his client. The risk of each operation stage should be clearly explained for he is at the service of not just his client but also the public. By accepting an instruction with good negotiating ability, he must reflect all the obligations of the tenant and landlord or the purchaser and vendor. He must have a good knowledge of the property concerned and the property market of the area he is dealing with. 2. 8.Termination of Estate Agency Subject to section 201 of the The Indian Contract Act,1872, it explained that an agent's authority can be terminated at any time, if the trust between the agent and principal has broken down, it is not reasonable to allow the principal to remain at risk in any transaction that the agent might conclude during a period of notice. Section 201 to 210, The Indian Contract Act, 1872, provided that agency may come to an end in a variety of ways: By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest.An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, (ii) By the agent renouncing the business of agency, (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203).Further, section 205, states that if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill continuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent.Further, reasonable notice has to be given by on e party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). Section 207, provides that the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). 2. 9. Comparative Study 2. 9. 1 Real Estate Agents Act 1976 (Public Act 1976 No 9) The Real Estate Agent Act 1976 of New Zealand consists of 9 parts and 125 sections.The first Part consist of Real Estate Agents Licensing Board, the second part addresses the Licensing of real estate agents, the third part addresses on the approval of salespersons, the fourth part consists of the duties of real estate agents, the fifth part addresses the Real Estate Institute of New Zealand incorporated, the sixth part also addresses the Real Estate Agents Fidelity Guarantee Fund, the seventh part addresses on the Disciplinary provisions of the board, the eighth part consists of the Appeals and lastly the ninth part addresses on the Miscellaneous provisions.The Estate Agents Act 1976 regulates the work of estate agents in New Zealand. The Act gives the meaning of real estate agent as any person who holds himself or herself out to the public as ready to act, for reward as an agent in respect of the sale or other disposal of land or of businesses either with or without any interest in land) or the purchase or other acquisition of land or of businesses (either with or without any interest in land), or in respect of the leasing or letting of land, whether or not that person carries on any other business. Subject to section 34 of this Act, no person shall carry on the business of a real estate agent unless he or she is the holder of a licence issued in accordance with this Part of this Act.Every person, not being the holder of a licence, commits an offence and is liable to a fine not exceedin g $2,000 who describes himself or herself in writing as or holds himself or herself out to be a real estate agent, or carries on business as a real estate agent, and, in addition to any fine that may be imposed, shall be liable to forfeit to Her Majesty the Queen all money received by him or her by way of commission, profit, or remuneration for any services or work performed by him or her as an unlicensed real estate agent.Subject to section 17 of this Act, every person who has attained the age of 20 years and has passed the examinations for the time being prescribed by the Institute and has been approved by the Board for the purposes of this section; or is a company; or is a building society; or was, at any time within 5 years before the commencemen of this Act, the holder of a real estate agent’s licence issued under the Real Estate Agents Act 1963 or a partner of such holder or a director or officer of a licensee company, in either case approved under section 21(2) of the Real Estate Agents Act 1963 or has surrendered a licence pursuant to section 31 of this Act and has been approved by the Board for the purposes of this section, or is, and has been, an associate member of the Institute since before the 1st day of January 1966 and who has, at least since that date, been continuously engaged or employed as an approved salesperson by the same or different real estate agents shall be eligible to hold a licence under this Act. The Act further explained in subsection (1) of this section, no person shall apply for or obtain or be eligible to hold a licence under this Act if the agent is a bankrupt and has not obtained the order of discharge, or, if the agent has obtained the order of discharge and it is suspended for a term not yet expired or is subject to conditions not yet fulfilled or the agent holds practising certificate as a barrister or solicitor of the High Court of New Zealand or Every person who applies for or obtains a licence knowing that he or she is not eligible to do so under the foregoing provisions of this section commits an offence. Under section 67, of the real estate institute of New Zealand, every licensee shall be a member of the Institute, whether or not he or she applies for membership, notwithstanding subsection (1) of this section, such of the officers of a licensee company as the rules of the Institute provide shall be members of the Institute. If any person suspended under this section satisfies the Board that all fees and other payments have been paid, the Board shall cancel the suspension of that person. Section 36 provides for the purpose of the Act a Registrar shall be appointed and the registrar shall set up and maintain a Register of Real Estate Agents.The real estate institute of New Zealand Regulates the members of the Institute who are not holders of licences. Subject to subsection (4) of section 55, all money received by a real estate agent in respect of any transaction in his or her capacity as a real estate agent shall be paid to the person lawfully entitled thereto or as that person may in writing direct: Provided that where the real estate agent is in doubt on reasonable grounds as to the person who is lawfully entitled to any such money, he or she may retain that money in his or her trust account until the person lawfully entitled has been ascertained, but shall take all reasonable steps to ascertain as soon as practicable the person so entitled.Except in pursuance of an order of a Court of competent jurisdiction or an authority signed by all the parties to the transaction, where a real estate agent receives any money (other than money received by way of rent from the letting of any land) in respect of any transaction, he or she shall not pay that money to any person for a period of 10 days after the date on which he or she received it; and, if at any time while he or she holds any money on behalf of any party to the transaction he or she receives written notice of any requisitions or objections in respect of the title to any land affected by the transaction, he or she shall not at any time pay that money to any person except in pursuance of such an order or authority. In general, the principles promoted by the Act, It is a criminal offence for an un-discharged bankrupt to engage in estate agency work except as an employee of another person or as an employee of a company of which he is neither a director nor has control, it is also a criminal offence for anybody carry on the business of an estate agent, unless the agent is the holder of a licence issued in accordance with the Act. 2. 9. 2 Valuers, Appraisers And Estate Agents Act 1981 (Laws Of Malaysia Act 242). The Valuers, Appraisers And Estate Agents Act 1981 of Malaysia consists of 8 parts and 35 sections.The first Part focuses on the interpretation of terms, the second part addresses the appointment, duties and powers of director general of valuation and property services and other officers, the third part consists of the board of valuers, appraisers and estate agents, the fourth part addresses on the registers, the fifth part addresses on the valuers and appraisers and the estate agents, the sixth part also addresses the firms, the seventh part consists of the disciplinary and other proceedings and lastly the eighth part addresses generally on offences, search by warrant,search and seizure without warrant,list of things seized,penalty for other offences, immunity of board, agmonsts others. The board of valuers, appraisers and estate agents regulates the works of estate agents in Malaysia. The act therefore explains estate agency practice as means of acting or holding oneself out to the public as ready to act, for a commission, fee, reward or other consideration, as an agent in respect of the sale or other disposal of land and buildings and of any interest therein or the purchase or other acquisition of land and buildings and of any interest therein or in respect of th e leasing or letting of land and buildings and of any interest therein.Subject to section 22A, an estate agent can be registered if he has attained the age of 21 years and is of sound mind, good character and has not been convicted of any offence involving fraud or dishonesty or moral turpitude during the five years immediately preceding the date of his application, he is not an undischarged bankrupt; he satisfies the requirements of section 22D, he has made a declaration in the form and manner prescribed by the Board, he has paid the fees prescribed by the Board and he is not under suspension from valuation or estate agency practice nor has his name been cancelled from the Register. Subject to the provisions of this Act, section 22B explaines that a registered estate agent who has been issued with an authority to practise by the Board shall be entitled to practise his profession and shall be authorised to undertake estate agency practice. Subject to subsection (2), no registered es tate agent shall carry on property management.According to section 22C No person shall unless he is a registered estate agent and has been issued with an authority to practise under section 16 is allowed to practise or carry on business or take up employment under any name, style or title containing the words estate agent, house agent, property agent, land agent, house broker or the equivalent thereto, in any language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered estate agent, he is also not allowed to display any signboard, or use, distribute or circulate any card, letter, pamphlet, leaflet, notice or any form of advertisement, implying either directly or indirectly that he is a registered estate agent, an estate agent is not allowed to offer for sale or invite offers to purchase any land, building and any interest therein irrespective of whether such land, building and interest is located within Malaysia or outside Malaysia: Provided that where foreign properties are to be marketed in Malaysia, such offer or invitation shall be made by or through an estate agent practising and residing in Malaysia. An estate agent is qualified when he has complied with section 22D of the Act which states that, any person who has passed the examinations prescribed by the Board or who has obtained qualifications which the Board recognizes as equivalent to such examinations may apply to the Board to be registered as a probationary estate agent.A probationary estate agent shall be required to obtain the practical experience and to pass the Test of Professional Competence prescribed by the Board or any equivalent test or examination recognized by the Board. Where a probationary estate agent has complied with the requirements of subsection (3), he may apply to the Board to have his name entered in the Register. Under section 24, if an estate agent has contravened or failed to comply with any of the provision s of this Act or of any of the rules made thereunder and has been found guilty by the Board of any professional misconduct or of any act or conduct which in the opinion of the Board is infamous or disgraceful, the board shall suspending his practice for a eriod not exceeding three years or imposing a fine not exceeding ten thousand ringgit and recording such fine in the appropriate Register and that he be suspended from practice until the fine is paid. The valuers, appraisers and estate agents act 1981 regulates the affairs of estate agents in malaysia and the act is regulated by the board of valuers, appraisers and estate agents. The board in general does not allow the practise of unregistered estate agent unless he is registered under the board as an estate agent and actions are taken when a registered estate agent fails to complie with the provisions of the act . In other words, estate agency in malaysia is recognised under the valuers, appraisers and estate agents act 1981. 2. 9 . 3 Estate Agents Act 1980 (Austraila)Estate Agents Act 1980 of Austraila comprises of 9 parts and 102 sections. The first part writes on the introduction and definitions, the second part consists of the Estate Agents Council, the third part addresses licences of estate agents , the fourth part consists of the agents and agents' representatives, the fifth part addresses builders and subdividers of land, the sixth part consists of accounts, audit and monitoring of estate agency business, the seventh part addresses victorian property fund, the eighth part consists of miscellaneous and lastly the ninth part addresses on transitional and savings. The activities of an estate agent is regulated by the estate agents council.Section 6B of the act states the functions of the council, to monitor the operation of this Act and the regulations, also to monitor the provision of services by estate agents and developments in the real estate industry generally and to monitor and evaluate the effecti veness of any procedures set up to deal with disputes between estate agents or between estate agents and persons dealing with estate agents relating to services or the charging of commission. Subject to section12 of this Act an individual shall not either by himself or as a member of partnership exercise or carry on or advertise notify or state that he exercises or carries on or is willing to exercise or carry on the business of an estate agent, or act as an estate agent, or in any way hold himself out to the public as ready to undertake for payment or other remuneration (whether monetary or otherwise) any of the functions of an estate agent unless he is a licensed estate agent.A person (other than a corporation) under section14 shall not be eligible to be granted an estate agent's licence unless he is not less than eighteen years of age and he has passed any courses of instruction or examinations prescribed by the regulations and during the 3 years immediately before applying for t he licence been engaged in full-time employment as an agent's representative for not less than one year or for periods amounting in the aggregate to one year; or part-time employment as an agent's representative for not less than the equivalent of one year of full-time employment or for periods amounting in the aggregate to the equivalent of one year of full-time employment or he has within the period of five years immediately preceding his application held an estate agent's licence; or she or he has met any other requirements establishing competency set out in the regulations.Therefore Despite subsection (1), a person is eligible to be granted an estate agent’s licence if he or she satisfies the Authority that he or she has been licensed or otherwise authorised under the laws of another place or country to carry on a business in that place or country and also he has an adequate knowledge of Victorian estate agency law, practice and procedure, including accounting. Subject to section16 a person is eligible to be employed as an agent's representative if she or he is at least 18 years of age and has passed any prescribed courses of instruction or examination; and has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against him or her any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more.Section 99 gives the power to the Governor in Council to may make regulations, requiring estate agents to give consumers of their services information in relation to those services in a form specified by the regulations or approved by the Director and the responsibilities of the officer in effective control of the estate agency business of a licensed estate agent that is a corporation with respect to the supervision and control of that business. 2. 9. 4 The Estate Agents Act (Chapter 533) Kenya Estate Agents Act cap 533 of Kenya comprises of 7 parts and 27 s ections. The first part writes on preliminary and interpretation of terms, the second part consists of the establishment of the board, the third part addresses the registrar and the register, the fourth part consists of the registration of estate agents, the fifth part addresses restriction on practice, the sixth part consists regulation of conduct and lastly the seventh part addresses miscellaneous provisions. The activities of estate agents in kenya is regulated by the Estate Agents Registration Board.The Board shall be charged with the responsibility of registering estate agents and of ensuring that the competence and conduct of practicing estate agents are of a standard sufficiently high to ensure the protection of the public, and for that purpose may exercise the powers conferred, and shall perform the duties imposed, upon the Board by the provisions of this Act. Estate agents are registered by the baord under sections 6;7, the Minister shall appoint a public officer as the reg istrar of the Board whoshall keep and maintain a register in which the name of every Person accepted by the Board for registration under this Act shall be entered showing the date of the entry in the register, the address of the person registered and the qualifications of the person. The register shall be published in the Gazette, at the beginning of each year, a list containing the names, addresses and qualifications of all registered estate agents.Subject to part iv (section13) of the Act, a person who is a citizen of Kenya shall be entitled, on making application to the Board to be registered under this Act and have his name enter in the register if he is a member of the Institution of Surveyors of Kenya, or a corporate member of the Royal Institution of Chartered Surveyors and he is qualified to be or is a member of the Institution of Surveyors of Kenya or the holder of a degree, diploma or license from any university or college or school which is recognized for the time being b y the Board or a person who is the holder of a degree, diploma or license of a university or college or school or a member of an institution the membership of which is recognized for the time being by the Board as furnishing sufficient evidence of an adequate academic training for practice as an estate agent and has had, to the satisfaction of the Board, practical post-qualification experience in such practice of not less than two years of which not less than six months has been in Kenya. Notwithstanding the fact that he has sufficient qualifications under subsection (1), the Board may require an applicant for registration as an estate agent under this Act to satisfy if that his professional and general conduct has been such that, in the opinion of the Board, he is a fit and proper person to be registered under this Act and the Board may direct the registrar to postpone the registration of an applicant until it is so satisfied.Part v (section 18) of the Act writes on the restriction on practice and it states that no individual shall practice as an estate agent unless he is a registered estate agent also no partnership shall practice as estate agents unless all the partners whose activities include the doing of acts by way of such practice are registered estate agents, therefore any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings to imprisonment for a term not exceeding two years or to both. Under section 23, if a registered estate agent is convicted of an offence under this Act or is after due inquiry found to have been guilty of an act or omission contrary to the public interest or amounting to professional misconduct the Board will have his registration under the Act suspended or caution the person and may also order that such caution shall be entered on the register or impose a fine not exceeding five thousand shillings upon that person or Order that the name of the person shal l be deleted from the register.The comparative study on the laws of the different countries shows that estate agents are recognised in their respective institutions and the activities of an estate agent is regulated by the respective Boards or Councils. However in Nigeria, estate agency activities are not regulated by any legislatilon. In addtion, there are no provisions for regulating estate agent activities by the Estate Surveyors and Valuers registration Board in Nigeria and the regulating law of Estate Surveying and Valuation profession : â€Å" Estate Surveyors and Valuers (Registration, ETC. ) Act 1975† of Nigeria did not make any provisions for regulating how estate agency should be practised in Nigeria. Subject to section 18 of Estate Surveyors and Valuers (Registration, ETC. ) Act, 1975, every Estate Surveyor and Valuer shall be ssued with a Seal and Stamp on registration and all professional duties performed by and/or emanating from his office or under his hand shal l bear the Stamp and Seal issued by the Board. 2. 10. The Real Estate Profession The Estate Surveyor and Valuer is any person duly registered by the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) to practice the profession of Estate Surveying and Valuation throughout the Federation of Nigeria. ESVARBON as established by the Estate Surveyors and Valuers Registration Act No. 24 of 1975 (now CAP HI Laws of the Federation of Nigeria 1990) is the regulatory body of the Estate Surveying and Valuation profession in Nigeria, and the only body legally authorized to register persons fit and qualified to practice the profession.Therefore practices in the profession constitutes; Land Economy, Real Estate and Allied Matters, Valuation and Apprasial of Plant, Machinery and Business Assets, Land and Facilities Management, Building Maintenance, Property Development and Investment, as well as Land Administration Systems. The professional duties of the Estate Surveyor and Value r in practice as enunciated by the Nigerian institution of Estate Surveyors and Valuers (NIESV), which is the umbrella association for all Estate Surveyors and Valuers in Nigeria include: 1. Determining the value of all descriptions of landed property and of the various interests therein; 2. Managing and developing Real Estates and business concerned with the Management of landed property. 3. Securing the optimal use of land and its associated resources to meet social and economic needs. 4.Surveying the structure and conditions of buildings and their services and advising on their maintenance alteration and improvement. 5. Determining the economic use of resources of the construction industry and the Financial appraisal and measurement of construction work. 6. Selling (whether by Public Auction or otherwise) buying or letting, as an agent, real or personal property or any interests therein, and to maintain and promote ‘the usefulness of the profession for the public advantage. 2. 10. 1Requirements for Qualification as an Estate Surveyor and Valuer The practice of estate agency is a very delicated one, anyone who is an estate agent must be a professional in the practice and the set rules which regulate and guide the conduct of the practitioners.Therefore a professional estate agent is expected to keep and maintain a high degree of inteligence, honesty, competence and ethical responsibility standard for integrity is the watchword of estate management practice in general. A professional estate agent must have undergone a period of training in the field of estate management, passing five ’Ordinary Level credits in subjects like Mathematics, English Language, Economics and two science subjects which would facilitate an admission to study Estate Management in accredited polytechnics or universities. After the completion of either Higher National Diploma (HND) or a B. Sc degree in Estate Management, a graduate HND holder, from an accredited polytechnic, will sit for the Professional Qualifying Examination Stage 3 (PQE 3) while graduates of non-accredited university or polytechnic will sit for PQE 2.Success in the PQE examination will enhance participation in the Professional Practice Examination (PPE) which will be followed by the writing of a Critical Analysis subject to the approval of a synopsis. The Professional Practice Examination (PPE) and the Critical Analysis writing stage, however, is the entry point for a university graduate with a B. Sc degree in Estate Management. Those that scaled through the Critical Analysis Stage (either through HND or B. Sc entry point) will now face the Membership Committee of the NIESV for an interview to become an Associate Member of the body and, thereafter, apply for full registration with the Estate Surveyors and Valuers Registration Board of Nigeria (ESVARBON) in accordance with decree 24 of 1975.Lastly, such an associate would be registered by the Board (ESVARON) and during the course of r egistration, would be interviewed and if sucessful, given a seal. It is at this point one can be called a full- fledge valuer and carry out valuation without supervision. The professional estate agent goes beyond buying, selling and leasing of intrest in land and landed properties. He is bound to be deligent, honest and in a position to educate his client on the type of property to buy, be able to negotiate and have innovative thinking. Amongst other things, the estate agent should have the knowledge of all other fi