International Students Research Paper Example | Topics and Well Written Essays - 1000 words

International Students - Research Paper Example From this study it is clear that  the main reason for many universities and governments to attracts a higher percentage and/or ratio of international students to their universities might have to do with the fact that they are attempting to promote diversity and understanding between peoples, the fact the matter is that the economics surrounding international exchange students tells quite a different story.This paper highlights that  whereas the local students might receive stipends, scholarships, and a variety of different aid to pursue higher education, the international student is almost always without any of these benefits; and left to rely fully upon their own ability to fund such an endeavor. Moreover, the amount of money at the local student discharged, not even counting the scholarship aid or other funds which might be applied to assist them, is invariably much cheaper than the amount of money that the international student pays per semester/per year.  Oftentimes the dif ferential intuition is nearly double. The many schools would like to promote themselves as liberal centers of learning that pride themselves upon a diverse and ethnically varied student body, the fact the matter is that the economics ultimately drive the push towards more and more international students within the system.  The reason for this is the fact that growing a university based upon the local resources of students does not provide a rapid degree of growth.

A formal or ceremonial observance of the religious context rites Essay

A formal or ceremonial observance of the religious context rites - Essay Example The purpose of the essay is to examine the nature, role and significance of religious rites by comparing and contrasting the rites and rituals peculiar to Islam and Christianity. Funeral rites in Islam as well as Christianity serve to provide solace and comfort to help cope with the loss of a loved one while simultaneously reinforcing belief in the almighty by driving home the frailty of human existence. They are rites of passage. Both religions share some common beliefs pertaining to death. Islam and Christianity believe in life after death (akhirah and resurrection respectively), the existence of heaven and hell, the immortality of the soul, that life on earth is merely a test to be followed by a day of reckoning or Judgment day where one will be punished or rewarded. However they differ in ritualistic practice.Funeral rites in Islam honor the dead. The dying person tries to die with the Shahada or declaration of faith on the lips. This prayer reaffirms the belief that there is no god but Allah and that Muhammad is his prophet. The body is cleansed thoroughly as instructed in the Hadith by the prophet Muhammad following the death of his daughter "wash her three times, or more than that if you feel it necessary with water". This process is called ghusl. Particular attention is given to the parts of the body that are cleansed before prayers. The body is anointed with camphor then shrouded in clean white cloth (Kahn) that symbolizes purity. If a person has performed hajj his ihram is used to wrap the body. Funeral prayers called Salatul Janazah are recited. It is here that the Shia and Sunni Muslim practices differ. Differences arise in their use of Hadith material, as the Sunni Muslims recognize six books of the Hadith while the Shias recognize only four that give importance to Ali who is believed to be the rightful successor to the prophet. Wailing at funerals is prohibited by the Sunni Muslims while the Shias have no such restrictions. Salatul Janazah is significant as it provides solace to the mourners and reiterates the belief that the soul of the deceased has gone on to a better place. The dead are given instructions on how best to answer the interrogation by the angels Munkar and Nakir The body is then carried away to be buried. The coffin is ahead of the mourners in the funeral procession as it is believed that the Angel of Death leads in front of the bier. The body is lowered into the earth without the coffin, which indicates that there is nothing inhibiting the body as it begins the ascent heavenwards. The arms are folded to give the appearance of prayer (salat), as a gesture of reverence. The body is buried facing the direction of the Ka'ba at Mecca, which signifies the umbilical- cord like connection that exists between God and his followers. Christian funeral rites mirror their belief in resurrection. The Bible attests that Jesus' death as atonement for the sins of mankind and his ultimate resurrection has enabled man to gain ascendancy over death. By way of preparation for the last journey, the body is cleansed physically as well as spiritually by washing and then anointing the body with sacred oil. In the Bible the process of anointing is described as follows, "Is any sick among you Let him call for the call for the elders of the church, and let them pray over him, anointing him with oil in the name of the Lord: And the prayer of the faithful shall save the sick and the Lord shall raise him up; and if he has committed sins, they shall be forgiven him"(James 5:14-15).

Literature Review on Contractual Issues Arising Claims

Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj Literature Review on Contractual Issues Arising Claims Literature Review on Contractual Issues Arising Claims Avoiding construction claims and disputes requires understanding of the contractual terms, early no adversarial communication, and understanding of causes of claims.(Cheryl Semple, Francis T. Hartman, and George Jergeas) identify some of the critical element in construction contract, and investigates the causes of claims, categories of compensation of claims and contract clauses quoted in claims by studying high-rise apartment building and institutional buildings. Construction contract determines the basis for the relationship between the parties involved in it. A contract is a promise or agreement that the law will enforce. Construction contract are very often long, complex document, consequently, disagreement or disputes can arise regarding contractual obligations or expectations, when one party feels that the contractual obligations or expectations have not been meet and they fell that they deserve monetary and/or time compensation they may submit a claim. A claim is defined as an assertation to the right to remedy, relief or property (Canadian Law Directory) Currently construction industry in UAE has number of disputes arrives because of disputed in legal document and poor coordination in general and particular condition of contract. UAE is fast growing country in terms of construction and lots of competition for getting the project because of that contractors are bidding less and claiming more amounts. A client tries to reduce the over all cost of project and contractors tries to get more profit and result is disputes arise. Every claim submitted by the contractor puts presser on client and consequently it affect increasing property price. That is why construction claim are considered as the most unpleasant event in construction industry. Claims can be reduced by proper arrangement of scope of work in contract document. Contract is the document which explains all rolls and liabilities of the parties involved in it. For the purpose of study for analyzing contractual issues literature review is divided in two parts. First part will discus s on Contract law in general and particular terms used in formation of construction contract. Second chapter will discuss on Claims under FIDIC contract and previous research in claims. 1 Introduction to contract law 1.1 Legal systems A legal system, is a system for identifying factual situations where the state will impose sanctions on a person (criminal law), where one person can seek redress from another person (civil law), and where a person can challenge decisions of the state and public bodies, such as local authorities (administrative law)1. For example: If someone takes property belonging to another with the intention of permanently depriving them of that property, this is categorized by the criminal law as a crime (theft) for which the state can seek an order for imprisonment, a fine or both. The same conduct is categorized by the civil law as a tort (known as conversion) for which the person whose property is taken can seek an order requiring the person taking the property to return it, to pay compensation (damages), or both. If the property is taken by the state or a public body in wrongful exercise of a statutory or other power, the decision to do so can be challenged in administrative law by seeking a declaration that it is invalid and should be reconsidered. 1.2 Criminal, civil and administrative law The criminal law is principally concerned with the imposition of fines and imprisonment sought by the state against persons. The civil law is concerned with awarding compensation and making orders in favor of one person against another. Administrative law is principally concerned with making orders concerning the administrative actions of the state and public bodies. 1.3 Obtaining redress The usual means of obtaining redress is in a court of law. The criminal courts, primarily the Magistrates Courts and the Crown Court, are concerned with redress in respect of criminal matters .The civil courts, primarily the County Courts and the High Court, are concerned with redress regarding civil claims. In many countries, a separate court is established to deal with claims concerning the administrative actions of the state and public bodies, but this is not the case in everywhere, where administrative law matters are dealt with by the High Court. The courts are not the only means of obtaining redress in many civil matters. 1.4 The civil law of obligations Each of the principal divisions of law criminal law, civil law and administrative law contains numerous subdivisions. The subdivision that is relevant to this publication, and to the series of which it forms part, is that part of the civil law concerned with the law of obligations. 1.5 Obligations in contract and tort The law of obligations has, in turn, two parts: the law of contract and the law of torts. In the law of contract, a persons obligations are primarily founded on agreement and are, in general, owed only to the other party to the agreement, not to persons generally. Because obligations owed in contract are founded on agreement, they can be as prescriptive and detailed as the parties wish and their agreement requires. For example, agreed obligations can concern the development of an office block in accordance with detailed requirements, or the structuring of a long-term business relationship, such as a partnership. It would be impossible to regulate such relationships using only the law of torts, since obligations in tort are too generalized. In the law of torts, a persons obligations are primarily determined by general principles of law and are, ordinarily, owed to persons generally. Since obligations owed in tort are imposed as part of the general law, they are expressed in the form o f general standards of conduct. For example: the obligation to exercise reasonable skill and care so as not to cause injury or damage to others forms the basis of the tort of negligence; the obligation not to unreasonably interfere with a persons use or enjoyment of their land forms the basis of the tort of nuisance. Both parts of the law of obligations are significant for the construction industry. Work on a building project, such as the provision of consultant services, construction or materials, will ordinarily be carried out under a contract since this is the only way that obligations having the required definition and precision can be given legal force. But the work provided may, if defective, cause damage not only to the person with whom those obligations are agreed but to others, such as adjacent landowners, users and subsequent owners of the project. While the person or persons with whom the contract is made will, ordinarily, be able to seek redress in the law of contract, t hose who are not parties to that contract will have to seek redress in the law of torts. The law of contract is of fundamental importance for the construction industry because the contract is the principal vehicle for those working on a project to be engaged, their obligations are regulated and redress assessed if things go wrong. The law of torts has a subsidiary importance if things do go wrong. 1.6 Rights and obligations The law is often discussed in terms of obligations, there is, in general, for each obligation a corresponding right .Thus, an obligation not to unreasonably interfere with a persons use or enjoyment of land can be seen, from the perspective of a landowner, as a right to enjoy and use their land free from such unreasonable interference. An obligation to perform the terms of an agreement can be viewed from the other partys perspective as a right to have those obligations performed. In contract law, these rights and obligations are often referred to as the benefits and burdens of the contract. 1.7 Defining a contract There are various definitions that attempt to encapsulate the essential nature of a contract. The definition that is most readily understandable in a commercial context is that a contract is an agreement that gives rise to obligations, and corresponding rights, that the law will recognize and enforce. Since a contract is founded on agreement, the parties are free, within wide limits, to agree the obligations to which they wish to be bound. This is known as the doctrine of freedom of contract. It means, at any rate in a commercial context, that the parties to a contract will ordinarily be bound by the agreement they make, however inappropriate, one sided or even ruinous that agreement may turn out to be for one of them. The corollary of the doctrine of freedom of contract is that a person cannot be forced to contract. In a commercial context this means that, if terms cannot be agreed, either party to the negotiations can walk away, however inconvenient or costly, in terms of wasted time and money, this is for the other party. It may be possible to break off negotiations and walk away even if work has commenced in anticipation of a proposed contract. Once a contract is concluded, it binds the parties in law. If a party to a contract fails to comply with its obligations under the contract, the other can seek redress for that failure. This can be done, as appropriate, by enforcing a right to payment (a claim in debt), by seeking financial compensation for losses suffered as a result of the failure (a claim in damages for breach of contract) or, in certain circumstances where financial compensation does not provide adequate redress, by an order that the defaulting party perform its obligations (a claim for specific performance) or stop acting in breach of its obligations (an injunction). For example, if a consultant fails to perform services he or she has contracted to provide, the client can seek damages based on the additional cost of obtaining substitute performance from another consultant. If an employer fails to pay for work provided by a contractor, the contractor can recover that payment as a debt. If a person contracts to se ll land, such as an office or house, but refuses to complete the sale, the purchaser can seek an order that the land be conveyed to it. 1.8 Categories of contract The categories of contract is most relevant to the construction industry include the following. Contracts made by deed and simple contracts (the rest). Contracts entered into by deed do not require consideration; simple contracts do. For example, a promise of a gift will be contractually binding only if it is given by deed. Contracts made by deed also attract a longer limitation period (the period during which proceedings for redress must ordinarily commence) than simple contracts. The period is 12 years from breach for contracts made by deed, 6 years from breach for simple contracts. Contracts for estates or interests in land (such as a contract for the sale or lease of a house or office). Such contracts are governed by the Law of Property Acts and related legislation and by that branch of the law known as the law of real property. Most of such contracts are subject to the code for payment and dispute resolution provided for in that Act. Arbitration agreements (an agreement that provides that disputes will be determined by a private tribunal sitting as arbitrator, not by the court). Such agreements are subject to the detailed code set out in the Arbitration Act 1996. Consumer contracts (certain categories of contract, principally contracts for goods, for work and materials and for services where one of the parties is contracting for purposes that are outside the scope of its business, if any, and the other is contracting in the course of a business). Such contracts are subject to various statutory controls that may invalidate certain types of unfair or unreasonable terms imposed to the determent of the consumer. 1.9 The importance of contracts in the construction industry: Contract is only the forming agreements that are recognized as binding by the law of contract that the parties can regulate their rights and obligations in the knowledge that these rights and obligations can, if necessary, be enforced. Given the importance of contract law in structuring commercial relations, it is surprising that those procuring and providing work in the construction industry often deal inadequately with the formation of their contracts. This leads not only to uncertainties about what was agreed and when, but also to disputes about whether a binding agreement was concluded at all and whether legally enforceable obligations are created to provide work or to pay for it. Such disputes can arise during the work as well as after it is completed. 1.10 Contractual terms used in formation of contract The obligations that the parties accept when they conclude a contract are contained in its terms. The terms may be express or implied or, more usually, a combination of both. 1.10.1 Express terms Express terms are those that the parties expressly state when making their contract. Express terms may be written or oral. Oral terms may be evidenced in writing. * Written terms set out in documents forming the contract for example, where a client and builder execute a copy of a standard form building contract, such as a copy of the FIDIC condition of contract setting out all of the terms they have agreed, or where, as is often the case in a contract for the sale of goods, all of the terms are set out in a letter of offer, accepted by the purchaser orally or by conduct. * Written terms contained in documents referred to (incorporated by reference) in the exchange of communications forming the contract * Oral terms agreed at a meeting or over the telephone. It is preferable for oral terms to be recorded (evidenced) in writing so that there can be no dispute about what was said, for instance by making and circulating a note of what was agreed. But failure to do this will not affect the validity of such terms, unless the contract is of a type whose terms must be made or evidenced in writing. 1.10.2 Implied terms Implied terms are those that are included in a contract even if the parties do not expressly refer to them at the time the contract is concluded. * Contract terms are implied by law or by statute if the contract is of a type in which such terms are ordinarily implied and the implication of those terms is not contrary to the express terms of the contract. For example, terms are ordinarily implied by the Sale of Goods Acts into contracts for the sale of goods, and by the Supply of Goods and Services Acts and law into contracts for work and materials or for services. * Terms implied to reflect the parties presumed intention if, having regard to the words used in the contract and the circumstances at the time it was concluded, they are necessary to give business efficacy to the contract or are so obviously a part of the contract that both parties would, if asked at the time, have said that they go without saying. For example, a contract to use a wharf will be subject to an implied term that it is safe for the ship to lie at that wharf. But a term will not be implied on this basis if it is inconsistent with the express words of the contract. * Terms may be implied by custom where the custom is a certain and general incident of a particular trade or place, and the use of the term is well known, reasonable and not contrary to law or to the express words of the contract. * Contract terms implied by course of dealing where the parties have contracted on the same terms on a number of previous occasions and they make another contract of similar type without expressly referring to those terms. 1.10.3 Exemption clauses An exemption clause is a contract term by which one party, usually but not invariably the party proposing the terms of contract, seeks to avoid or exempt itself from what would otherwise be its obligations or liability under the contract (an exclusion clause), or seeks to restrict or limit its liability in some way (a limitation clause).An exemption clause can work indirectly by, for instance, restricting the enforcement of obligations under a contract, or by making enforcement unusually onerous. Exemption clauses are commonly found in standard terms of business. For example, a seller of goods may seek to limit its obligations by providing in its standard terms that they form the whole agreement of the parties, and no terms are to be implied at law. The purpose of such wording is to exclude the implied terms of quality and title that would otherwise apply to the contract. A consultant provides in its terms of appointment that any liability, whether for default under the contract or in negligence, is limited to a specific sum. The purpose of such a provision is to cap the consultants potential liability to its client. Because exemption clauses exclude or limit what would otherwise be a partys obligations or liabilities under a contract, they must be clearly incorporated and clearly worded if they are to be effective. There are also various statutory controls over the effectiveness of such provisions, and, in a few instances, criminal sanctions are imposed on those who seek to include such clauses in their contracts. 1.11 Most Commonly Used Types of contract in UAE construction industry There are various types of conditions of contracts used all over the world. Most commonly used conditions of contracts in the past are FIDIC in Middle East JCT NEC in United Kingdom. In United Kingdom mainly JCT NEC conditions of contract is in practice in various forms. The conditions of contracts are listing the legal structure to be refereed to in case of any dispute or ambiguity arises. It also establishes a common basis to both the contractor and the client in understanding each partys commitments and rights against the other party. Understanding the rights and obligations are important prior to the agreement of a contract between the parties. 1.12 Key contract clauses used in condition of contract 1.12.1 Audit This clause typically outlines an owners right to perform reviews (audits) of contractor costs or records. Such clauses ordinarily outline what costs or records are subject to audit, when and under what circumstances. In cost plus contract this clause is very useful to client to restrict the overall project cost 1.12.2 Changes This clause is critical. This is the clause that allows the owner to direct changes to the work, including plans, specifications, and time of performance, means, and methods. Absent a change clause, an owner is precluded from making changes to the work. Of particular importance in this clause is whether the clause allows the owner to unilaterally direct changes to the work (in which case, if the contractor refuses to comply with the directives, they are in breach of the contract). Alternatively, the clause requires the owner and the contractor to mutually agree on the change (a bilateral change). On the other hand if there has been any discrepancy in specification or drawing this clause will help contractually to change this discrepancy with required adjustments. However changes can result positive or negative variation in construction industry. 1.12.3 Contractor Responsibilities This clause lays out, in general form, the duties, obligations and responsibilities of the contractor in performance of the work. This clause assigns specific risks to the contractor, including customarily the risk of adequate labor and equipment to accomplish the work within the required timeframe, the obligation to perform work safely, to perform work in strict accordance with the terms and conditions of the plans and specifications, and to be responsible for the work of subcontractors and suppliers, etc. This clause is very important in construction for clients points of view. As such client investing a large amount of money in the project so because of this clause he will get relief and guaranty for the works which has to be executed. 1.12.4 Delays This is, ordinarily, a risk allocation clause with respect to delays in the work. â€Å"Excusable delay† under a contract results in time extensions but no time related damages. That is, a contractors performance time is extended because of excusable delay situation, but the contract is not entitled to collect time extension costs nor is the owner entitled to impose late completion damages for this time. â€Å"Compensable delay†, on the other hand, results in both a time extension as well a time excusable and compensable to the contractor while contractor caused delay is the responsibility of the contractor (to either make up the lost time or pay the contractually stipulate late completion damages). Third-party caused delay (sometimes referred to as force majeure delay) is, most often, excusable and no compensable to the contractor. 1.12.5 Differing Site Conditions or Changed Conditions This clause normally provides an equitable adjustment to the contract in the event the contractor encounters a materially different condition at the site during performance of the work. This is the clause which will give relief to the contractor when he will get differ in site condition e.g. Non stop rain for few month. Differing site conditions are unforcing events no one can predict these events. In this situation this clause is very important in construction industry to restrict unnecessary claims 1.12.6 Dispute Resolution This clause customarily sets forth the mechanism to resolve disputes during the performance of the work. Most dispute clauses contain some form of a stepped resolution system. For example, the clause may require on site negotiation between project managers, followed by an appeal to project executives, followed by 3 days of mediation, followed by binding arbitration under a formal set of rules. Often, the location (jurisdiction) of the disputes resolution will be set forth. In construction industry there are several methods of dispute resolution like negotiation, mediation, Conciliation natural evaluation, adjudication, arbitration, and litigation. However each of then having its own framework to resolve the dispute. These are the primary steps of resolving the the disputes on claims in construction industry. 1.12.7 Force Majeure Some contracts contain a force majeure clause or a clause dealing with delays to the work caused by unforeseeable events beyond the control of both the owner and the contractor. Such clauses often provide lists of examples of force majeure events acts of God, acts of the government, civil disorder, acts of war, adverse weather, fires, floods, strikes, etc. Other contracts provide for such events in the excusable delay clause. In construction to get the relief to the parties involved in the contract from the unforeseen event. This will help to gain loss or expense due to unforeseen event. 1.12.8 Governing Law The contracts involve parties from differing locations with subcontractors and suppliers from even more locations. Accordingly, contracts often specify which law applies to a dispute, regardless of where the dispute is handled. 1.12.9 Indemnification To indemnify another is to protect them against loss or damage either by paying for the loss or standing in their place in the event of legal dispute. An indemnification clause in a contract typically requires a contractor to indemnify the owner against all loss resulting from contractor errors, omissions, accidents, third party property damages in construction industry. 1.12.10 Insurance This clause requiring the owners and contractors to furnish multiple insurance policies prior to commencing work, among which are the following: builders risk/all risk; workmans compensation; automobile, aircraft, and/or marine liability; general liability; bodily injury; broad form property damage; completed operations; personal injury; etc. Generally in UAE construction industry Third party insurance and professional indemnity insurance are covered in the contract document. 1.12.11 Late Completion Damages This clause specifies the damages for late completion. In general terms, there are two types of late completion damages actual and liquidated. Actual damages are those damages an owner actually suffers when a contract is completed late and may include loss of revenue, increased engineering, architectural or inspection services, increased financing costs etc. Liquidated damages, on the other hand, is a pre-agreed upon amount the contractor will pay the owner in the event the project is completed late due to no excusable delay cause-that is, due solely to the contractors fault. Such damages are typically expressed in terms of a daily cost and need not be proven as actually incurred if the project is completed late. 1.12.12 Limitation of liability In order to cap (or limit) a contractors risk from late completion damages, performance penalties, etc., under a contract, many contracts contain a clause limiting maximum liability to a percentage of the value of the contract. However this clause is very important UAE construction industry. UAE is fast growing country and maximum contracts are on lump-sum basis. Contractors have to bear all risk involved in the construction. 1.12.13 Order of Precedence This clause intended to provide guidance to both the owner and the contractor in the event of conflicting provisions. Typically, specifications have precedence over general provisions, and so on and so forth. The legal concept is to provide guidance to people on projects in the event there are two or more conflicting provisions relating to a topic. In UAE construction industry most preferable contract is FIDIC and the order of precedence used is Contract document, ant amendment to contract document, drawing, specification and Bill of Quantity. However if any disputes arises the above mentioned order is used to settle the disputes in construction 1.12.14 Owner Responsibilities Similar to a contractor responsibility clause, an owner responsibility clause ordinarily sets forth the obligations of the project owner, including adequate project financing, all required and necessary permits, appropriate site access, etc. These are the responsibilities covered in the contract document to run the project without any disturbance from the client/owner side. These clauses bound the owner in contractual framework to take any action during the execution of works 1.12.15 Payments This is key contract clause in terms of project cash flow. This clause sets forth how often the contractor is to be paid, in what manner, and what are the conditions precedents to the issuance of payment. In construction it helps the contractor to manage the finance before the commencement of project. 1.12.16 Quantity Variations The contracts contain estimated quantities to be installed. In the event as-bid quantity estimates vary substantially (+/- 10 percent or more) many contracts (both unit price and lump sum) contain a quantity variation clause which allows either the owner or the contractor to request a predetermination of the as-bid unit price on affected portions of the work. 1.12.17 Schedules A schedule clause typically sets forth the requirement for contractor scheduled , including format (bar chart vs. CPM), level of detail, submittal requirements, frequency of schedule updating, damages for failure to submit, delay or time extension analysis requirement, actions to be taken in the events of forecasted late schedule, etc. 1.12.18 Suspension of Work This clause habitually allows a project owner to suspend or stop all or some of the work, with or without clause. Such clauses normally provide for some adjustment to the terms of the contract in such events, including a time extension and payment of delay costs. However, recovery of time and cost limited by the terms of contract. Often, if the actual clause of the suspension order is something for which the contractor is responsible (i.e., unsafe work conditions, work not in compliance with contract requirement, etc.) no recovery time or cost is allowed. This clause gives the owner choice to delete the some or whole part of work with legal manner 1.12.19 Termination Almost all contracts have a provision allowing the owner to end, in whole or in part, performance of the work prior to project completion. There are, typically, two types of termination; termination for convenience and termination for default. Termination for convenience usually occurs when a project owner decides, for their own reasons, not to complete the project as designed. Such situations might arise if the owners needs change, if project financing fails, or if the underlying project economics change substantially. In such a circumstance, the owner may elect to terminate the contractors performance for the convenience of the owner and pay off the contractor in accordance with the terms of the clause. Termination for default arises only when a contractor is found to be in material breach of the contract, has been provided with a cure notice form the owner outlining the material breach, and has failed to remedy the breach in a timely manner. Usually the owner will terminate the co ntractor from the project and call upon the contractors financial guarantees to complete the work (i.e., letter of credit or surety bond). Some contracts also provide a contractor the right to terminate their participation in a project. Under certain carefully proscribed circumstances (such as, failure to make payments, bankruptcy of the owner, suspension of the work for more than a defined period of time, etc.) the contractor is allowed to terminate their own involvement in the project. 1.12.20 Time of the Essence/Time of Performance- Timely project completion is normally important, most contracts contain a clause stating that â€Å"Time is of the essence of this contract. â€Å"Such a clause must be included to make enforceable a time of performance clause and collection of late completion damages. Absent such a clause, the time of project completion is considered unenforceable. The time of performance clause, typically expressed either in work or calendar days after issuance of notice to precede, sets froth when the work must be completed and the consequences of failure to meet these dates. 1.12.21 Warranty A warranty clause, which ordinarily continues in existence for some specified period of time after project completion, guarantees the contractors work after project acceptance. It is not uncommon for warranty clauses to require a warranty for 1 year after project completion, during which time, if any portion of the project fails, the contractor is obligated to return to the project and make it right or agree to some commercial settlement of the issue. 1.13 Strengths and Weaknesses of contract in construction industry Various advantages and disadvantages in the usage of contracts. The contracts are imposing a better control over the contractors and always state the penalties for non-compliance. Punishment used as a tool for guidance of the projects for timely completion and it is not working always successfully. 1.13.1 Strengths * Firmly laid down rules and regulations Rules and regulations are made up to follow the instruction in the same way contract provides rules and regulation for the parties. It provides instruction to the parties what should have to be done at each stage of the projects. Such as health and safety requirement in document for each construction project. * Pre agreed procedural commitments Contract includes the procedure which should have to follow by the parties involved in it. It provides what should be done by the parties in the initial stage of the proj

Junk :: essays research papers

In my last speech I talked about globalization and more specifically the affect of NAFTA on the Mexican corn farmers. As a result of the removal of tariffs on agricultural products, Mexico, a country once self sufficient in basic grains, today imports 95 percent of its soy, 58 percent of its rice, 49 percent of its wheat, and 40 percent of its meat. This has resulted in Mexican corn farmers being put out of business. More than 80 percent of Mexico's extreme poor live in rural areas, and more than 2 million are corn farmers. There is no way they can compete with subsidized American agribusiness. In my last speech I didn’t mention the affect of globalization on the U.S. In the U.S., a comparison between the 1930s and today tells a similar grim tale. Then, 25 percent of the population lived on the nation's 6 million farms; today, 2 million farms are home to 2 percent of the population. Small family farms have been overwhelmingly replaced by large commercial farms, with 8 percent of farms accounting for 72 percent of sales. Small family farms can’t compete with the large industrialized farms, where the only relevant objective is profit margin. While doing my research for this speech I was trying to find some type of policy that the U.S. carries for globalization, to my surprise there is no actual outlined policy. There are policies on various different topics that all fit into the globalization. I would like to concentrate on our trade policy in terms of agriculture. The World Trade Organization (WTO) Agreement on Agriculture (AOA) requires that countries open their economies to agricultural products. Due to the low or at times non existent tariffs on importing and exporting we are cutting jobs domestically and abroad. With American markets already saturated, the U.S. is aggressively pushing to open up foreign markets -- with great success. Already, one out of three acres planted in the United States produces food or fiber destined for export, and one quarter of American farm sales are now exports. Though agriculture was the incentive to lure the Third World into the WTO and other trade agreements, it has turned into the most contentious issue as the Third World is devastated by the dumping of cheap and subsidized agricultural products from the United States and the European Union. While beefing up agribusiness with agricultural subsidies (the U.

Developmental Psychology and Children Essay

This is a very important stage as it helps children to get ready for school as well as preparing them for their future learning and successes. From when child is born up until the age of 5, the children early-years experiences should be happy, active, exciting, fun and secure and to support their development, care and learning needs. In my setting children will be learning skills, acquiring new knowledge and demonstrating their understanding through 7 areas of learning and development. Children should mostly develop the 3 prime areas first. These are: †¢ Communication and language †¢ Physical development †¢ Personal, social and emotional development. These prime areas are those most essential for  the child’s healthy development and future learning. As children grow, the prime areas will help them to develop skills in 4 specific areas. These are: †¢ Literacy †¢ Mathematics †¢ Understanding the world †¢ Expressive arts and design. These 7 areas are used to plan all children learning and activities. The key person teaching and supporting child will make sure all the activities are suited to child’s unique needs. This it’s suitable for very young children, and it’s designed to be really flexible so that all staff in my setting can follow the child’s unique needs and interests. Children in the Early Years Foundation Stage (EYFS) learn by playing and exploring, being active, and through creative and critical thinking which takes place both indoors and outside. In my setting I plan the activities based on the current interests and abilities of the children present. Sometimes the activities will be led by adults in order to practise and develop particular skills like using scissors or gluing, or learning new songs and rhymes to develop children’s awareness of sounds and letters. At other times children will select what they play with from a rich learning environment set up in the playroom or classroom. They will appear to be playing but, as this is how young children learn, they will be learning too. Washing the dolls’ clothes for instance helps develop physical skills, and gives the opportunity to communicate and co-operate with others, and to discover the properties of water and detergent. In the table above is a short meaning of the seven areas of learning and development that must shape educational programmes in early-years settings. All areas of learning and development are important and inter-connected. Three areas are particularly crucial for igniting children’s curiosity and enthusiasm for learning, and for building their capacity to learn, form relationships and thrive. Children develop and learn in different ways and at different rates. The framework covers the education and care of all children in early-years provision, including children with special educational needs and disabilities. The EARLY YEARS FOUNDATION STAGE (EYFS) is a term defined in Section 39 of  the British government’s Childcare Act 2006. The EYFS comprises a set of _Welfare Requirements_ and a set of _Learning and Development Requirements_, which must be followed by providers of care for children below 5 years old – the age of compulsory education in the United Kingdom. The Welfare and Learning and Development requirements are not specified in the Act but in separate. The legislation took effect from September 2008 and updated in 2012. Scotland, Wales and Northern Ireland have separate framework. The Welfare requirements apply to the whole of the UK, but the Learning and Development requirements apply only in England. The EYFS is organised into 4 themes: -a unique child -positive relationships -enabling environments -learning and development The EYFS is linked to the Every Child Matters (ECM) agenda which has 5 areas that need to be addressed: -staying safe -being healthy -enjoy and achieve -make a positive contribution -achieve economic well-being The purpose of the ECM agenda is to ensure that all children are safe, have their needs met and are able to fulfil their full potential. _1.2 DESCRIBE THE DOCUMENTED OUTCOMES FOR CHILDREN THAT FORM PART OF THE RELEVANT EARLY YEARS FRAMEWORK_ The Early Years Foundation Stage was designed to ensure that all children-regardless of where they live, their family background or circumstances-would have access to a quality early years education. To be able to measure this and also to ensure that practitioners have a clear focus for their work, a series of outcomes is given for each area of learning. These are called the Early Learning Goals. This helps that each child can meet them by the end of their reception year. These goals are important as they form the building blocks for children’s later education. It is important that practitioners recognise that many of the early Learning Goals are also associated with children’s development and so while it is reasonable to expect children to meet them at the end of the reception year, they are not meant to be used as outcomes in nurseries or pre-schools. It is also worth noting that some children will for a variety of reasons not meet  all the early Goals as they may h ave specific health or learning difficulties or because they are simply younger than the other children. Every child deserves the best possible start in life and all support to full-fill their potential. A child’s experience in the early years has a major impact on their future life chances. A secure, safe and happy childhood is important. When parents choose to use early years services they want to know that setting will keep their children safe and will help their children to thrive. The Early Years Foundation Stage (EYFS) is the framework that provides that assurance. The overarching aim of the EYFS is to help young children achieve the five Every Child Matters outcomes of staying safe, being healthy, enjoying and achieving, making a positive contribution, and achieving economic well-being. Personal social and emotional development – children need to develop a positive sense of themselves and of others, to learn respect for others, social skills and a positive disposition for learning. Self-confidence and self-esteem, behaviour and self-control helping children to understand their emotions and how to express those emotions, self-care children needs to be able to do tasks like dressing and feeding , sense of community learning where a child has come from respect for others and inclusion. The EYFS was designed to ensure all children are treated the same no matter where they have come from that they would have access to the same education to measure this and to ensure practitioners have a clear focus for their work a series of outcomes id given for each learning area these are called early years goals this is done by the end of the reception year. A UNIQUE CHILD Every child is a unique child who is constantly learning and can be resilient, capable, confident and self-assured. I understand and observe each child’s development and learning, assess progress, plan for their next steps. I support children to develop a positive sense of their own identity and culture. I identify any need for additional support. I keep children safe. I value and respect all children and their families equally. Positive Relationships – children learn to be strong and independent through positive relationships. POSITIVE RELATIONSHIPS ARE warm and loving, and foster a sense of belonging sensitive and responsive to the child’s needs, feelings and interests supportive of the child’s own efforts and independence consistent in setting clear boundaries and stimulating children Enabling Environments – children learn and develop well in enabling environments, in which their experiences respond to their individual needs and there is a strong partnership between practitioners and parents and carers. ENABLING ENVIRONMENTS †¢ value all people †¢ value learning †¢ I offer stimulating resources to all the children’s cultures and communities †¢ learning opportunities through play and playful teaching †¢ I support children to take risks and explore Learning and Development Children develop and learn in different ways. The framework covers the education and care of all children in early-years provision, including  children with special educational needs and disabilities. In my setting I teach children by ensuring challenging, playful opportunities across the prime and specific areas of learning and development. Children start to learn about the world around them from the moment they are born. The care and education offered by our setting helps children to continue to do this by providing all of the children with interesting activities that are appropriate for their age and stage of development. The Areas of Development and Learning comprise of three prime areas; personal, social and emotional development; communication and language physical development; and four specific areas: Literacy Mathematics Understanding of the World Expressive Arts and Design; For each area, the practice guidance sets out the Early Learning Goals. These goals state what it is expected that children will know and be able to do by the end of the reception year of their education. The practice guidance also sets out in ‘Development Matters’ the likely stages of progress a child makes along their learning journey towards the early learning goals. Our setting has regard to these matters when we assess children and plan for their learning. _Personal, social and emotional development_ Our programme supports children to develop: positive approaches to learning and finding out about the world around them; confidence in themselves and their ability to do things, and valuing their own achievements; their ability to get on, work and make friendships with other people, both children and adults; their awareness of, and being able to keep to, the rules which we all need to help us to look after ourselves, other people and our environment; their ability to dress and undress themselves, and look after their personal hygiene needs; and their ability to expect to have their ways of doing things respected and to respect other people’s ways of doing things. _Communication, language and literacy_ Our programme supports children to develop: conversational skills with one other person, in small groups and in large groups to talk with and listen to others; their vocabulary by learning the meaning of – and being able to use – new words; their ability to use words to describe their experiences; their knowledge of the sounds and letters that make up the words we use; their ability to listen to, and talk about, stories; knowledge of how to handle books and that they can be a source of stories and information; knowledge of the purposes for which we use writing; and making their own attempts at writing. _Mathematics_ Our programme supports children to develop: understanding and ideas about how many, how much, how far and how big; understanding and ideas about patterns, the shape of objects and parts of objects, and the amount of space taken up by objects; understanding that numbers help us to answer questions about how many, how much, how far and how big; understanding and ideas about how to use counting to find out how many; and  early ideas about the result of adding more or taking away from the amount we already have. _Understanding of the World_ Our programme supports children to develop: knowledge about the natural world and how it works; knowledge about the made world and how it works; their learning about how to choose, and use, the right tool for a task; their learning about computers, how to use them and what they can help us to do; their skills on how to put together ideas about past and present and the links between them; their learning about their locality and its special features; and their learning about their own and other cultures. _Physical development_ Our programme supports children to develop: increasing control over the large movements that they can make with their arms, legs and bodies, so that they can run, jump, hop, skip, roll, climb, balance and lift; increasing control over the small movements they can make with their arms, wrists and hands, so that they can pick up and use objects, tools and materials; and their understanding about the importance of, and how to look after, their bodies. _Expressive Art and Design_ Our programme supports children to develop: the use of paint, materials, music, dance, words, stories and role-play to express their ideas and feelings; and  their interest in the way that paint, materials, music, dance, words, stories and role-play can be used to express ideas and feelings. _Assessment (learning journal, progress checks)_ I assess how young children are learning and developing by observing them frequently. I use information that I gain from observations, as well as from photographs of the children, to document their progress and where this may be leading them. I believe that parents know their children best and I ask them to contribute to the learning journals by sharing information about what their children like to do at home and how they as parents are supporting development. I make periodic assessment summaries of children’s achievement based on our on-going development records. These form part of children’s records of achievement. I undertake these assessment summaries at regular intervals as well as times of transition, such as when a child moves into a different group or when they go on to school. _1.3 EXPLAIN HOW THE DOCUMENTED OUTCOMES ARE ASSESSED AND RECORDED_ â€Å"Assessment plays an important part in helping parents, carers and practitioners to recognise children’s progress, understand their needs, and to plan activities and support. On-going assessment (also known as formative assessment) is an integral part of the learning and development process. It involves practitioners observing children to understand their level of achievement, interests and learning styles, and to then shape learning experiences for each child reflecting those observations. In their interactions with children, practitioners should respond to their own day-to-day observations about children’s progress and observations that parents share.† EYFS 2012† All effective assessment involves analysing and reviewing what you know about each child’s development and learning. You can then make informed decisions about the child’s progress and plan next steps to meet their development and learning needs. This is called assessment for learning. †EYFS 2012† Formative assessment is the type of assessment based on observations, photographs, videos, things children have made or drawn and information from parents. It informs or guides everyday planning. Summative assessment is a summary of all the formative assessment done over a long period and makes a statement about the child’s achievements. The Early Years Foundation Stage Profile is the summative assessment completed by practitioners at the end of the EYFS.† EYFS Practice Guidance 2007 â€Å"In the final term of the year in which the child reaches age five, and no later than 30 June in that term, the EYFS Profile must be completed for each child. The Profile provides parents and carers, practitioners and teachers with a well-rounded picture of a child’s knowledge, understanding and abilities, their progress against expected levels, and their readiness for Year 1. The Profile must reflect: on-going observation, all relevant records held by the setting, discussions with parents and carers, and any other adults whom the teacher, parent or carer judges can offer a useful contribution.† †Year 1 teachers must be given a copy of the Profile report together with a short commentary on each child’s skills and abilities in relation to the three key characteristics of effective learning. These should inform a dialogue between Reception and Year 1 teachers about each child’s stage of development and learning needs and assist with the planning of activities in Year 1. †EYFS 2012† In my setting we †reflect on the different ways that children learn and reflect these in† our †practice†. The †three characteristics of effective teaching and learning are: _playing and_ _exploring_ – children investigate and experience things, and ‘have a go’ _active learning_ – children concentrate and keep on trying if they encounter difficulties, and enjoy achievements _creating and thinking critically_ – children have and develop their own ideas, make links between ideas, and develop strategies for doing things My setting curriculum is planned and delivered with every child at the heart  of what we do. Every child’s needs are met through a personalised learning journey in partnership with parents, carers and other professionals. We report on these aspects when a child transfers to a different setting or school. My setting provide accurate and up to date information about each child’s learning and development and we are able to share this with parents and professionals associated with each child in order for each child to make the best progress possible. In my setting I observe children throughout the day, inside and outside accessing a range of opportunities which can be adult led or child led. Parents have access to their children’s records at all times. Records will be updated termly and a development folder should document the child’s ‘learning journey’. Assessment should identify/highlight any children not making progress so that measures can be put into place to ensure that all children make progress. Assessment is used to ensure early intervention takes place and the gap is closed between those who achieve and those who do not. Children should be assessed in their home language where appropriate and the progress should be tracked. Children learn best when they are happy, relaxed, stimulated and involved. In my setting I encourage children to think, explore, play, take risks, question, talk, listen, show, create, share, celebrate, be, learn, grow, know and develop. Through the setting we visit the child and family at home and get to know them, we ask the family to fill out an ‘all about me’ form to share information, we take photographs and videos of children learning, we make observation notes about the children’s successes, we valuate group time planning, we give feedback to children and parents about their progress and what steps come next. In my setting we create and maintain a green  developmental book on each key child, we mark off development matters statements as they are achieved, we inform the Special Educational Needs Co-ordinator SENCO if we have concerns about a child’s progress. My setting set targets for the school relating to curriculum areas and identify ‘target children’ who may need additional support with their learning. My setting support, monitor and develop this through: – Observation and monitoring of the procedures – Continually developing strategies which improve assessment and record keeping – Communication and partnership with parents and other agencies to share skills and ideas – Internal moderation of records – Staff development and discussion – Related reading – Attending courses – All about me form – Development Matters records – Long Observation sheets – Group Time planning sheet – Well Being and Involvement Scales – Language Assessments – Transition Document RESOURCES: Books: Level 3 Diploma Children and Young People’s Workforce by Penny Tassoni EYMP 2 Promote learning and development in the early years Cache Level 3 Diploma Children and Young People’s Workforce by Carolyn Meggitt EYMP 2 Promote learning and development in the early years www.early-years.org www.nicurriculum.org www.foundationphasewales.com www.early-education.org.uk

How to Write Radio Drama Essay

Here are some horrible truths: Most radio drama is very badly written. Radio drama is an endangered species. It has never taken a hold of mainstream programming on commercial radio in the UK. It used to be the mainstream in the States and Australia but lost out to TV in the middle to late fifties. It is under threat within public radio services including the BBC because of the pressure of monetarist ideology and the fact that authors and radio drama directors have been too complacent. IRDP is a significant oasis and continues to support the principle of the original play. Ground rules The Beginning The beginning is everything. If this part of it does not work you are ‘up shit creek without a paddle’. Your listeners will desert you. You have failed. You do not exist as a dramatist. Booo! The Moment of Arrival This is how you drop your listeners into the story. Don’t give them a warm bed with comfortable pillows and a hot water bottle. The background and sub-text of previous histories is better explored through revelation in dramatic action. So parachute your listener into a top dramatic moment. Not the climax. That would be premature. Find the MOMENT to join the story. Avoid the slow snail’s explicatory route. Kick ’em into a high energy trip and whoosh them through the rapids. Structure Set up†¦struggle†¦resolution. You can reverse this if the set-up is more dramatic and explosive than the resolution. Regard your play as a series of phases The Plot This is the story with lots of twists and turns. The more the merrier. Most listeners like good exciting plots. Without a good plot you’re eating a souffle that has gone flat. You need plot, more plot and more plot. Run at least two story lines. Two sub plots would be interesting. Keep the plots linked logically within the same play. The best system is a major and a  minor storyline linked to one another. Get them to come together at the end. Surprise People are hungry for entertainment. If they wanted boredom they would be filling out their tax returns instead of listening to your radio play. Make people afraid, but also excited. Character Your main character must have the sympathy of the audience. Your audience has to identify with your main character. If this does not happen you have created a failure. Booo! Conflict Drama = conflict = audience. There has to be an emotional, financial, human, moral, physical struggle so your listeners can laugh or cry. Yes, you want your listeners to laugh or cry or laugh and cry. If you don’t, give up. Polarities or Extremes The art of story telling is exploring the extreme limits of our psychological or physical existence. To pitch one polarity against another. The Climax I apologize for the sexual metaphor. But there is something in this. The better sex has foreplay, development, sustained excitement, surprise and affection, nay love followed by an explosion of ecstasy. Good radio drama is not all that different. If you don’t use it, you lose it. Dialogue This is how we engage dramatically with the world. Characters inform, argue, amuse, outrage, argue through the ebb and flow of dialogue. When we do we talk and that is how great radio plays are made†¦..by talking in dramatic dialogue. Atmosphere / Ambience This sets the emotional spirit of the play. It determines whether your  listeners believe in the world that you have created. Worlds are not created by dramatic dialogue alone. There is attitude and atmosphere. This is determined by detail and relevant detail. It could be in a sound effect. It could be in the writing. It could be in the music. It could be in everything. But the result is that the fifth dimension of radio writing – the imagination of the listener – is stimulated to become a picture palace of the mind. Emotion Got to be there. You have to generate an emotional response from the audience†¦.preferably to the main character†¦.also not so strongly in relation to the other characters. Emotion = love, hate, admiration. Never mind about the type of emotion†¦..concentrate on whether it is there or not. Emotional connection between the writing and the listener = good radio drama. Balance Character and Plot You have to have both. You cannot trade. One can predominate over the other. Where they are balanced equally†¦.it can only work if characterisation relates to plot development. If your main plot is character intensive, make sure that your minor plot is plot intensive. Purpose Crook’s golden rule is that every word, every line, every scene must serve a dramatic purpose in terms of characterisation and plot development. Drop anything that does not have a dramatic purpose. Tension and Humour To stop the listener dropping off or switching off, maintain the tension always and throw in the humour. Tension, humour, tension, humour, tension humour†¦like the foxtrot..Make the emotional rhythm of the play dance on the listener’s heart and mind. Charm and alarm, charm and alarm. But they’ve got to be linked. Your character uses humour to react to the tension in the scene or play. Keep one character who uses humour to deal with difficult situations. Make sure the humour is verbal. Slapstick belongs to a different  type of play or entertainment. Make sure you do not have characters taking it in turns to be funny. This is not stand up comedy or sitcom. Make sure that the character who uses humour has a consistent sense of humour. Get your listener inside the world of your play. How? a. Sympathy or empathy with the main character. b. A bloody good set up. c. A big, nasty antagonist or villain. d. Great Plot†¦Great Story†¦.twists and turns. e. Crisis at the beginning is dramatic and a great start. f. Emotional intensity. Hit some high points. g. Escalating conflict so the structure climbs with tension and humour. h. Strike the colours with detail so there’s an atmosphere, mood†¦ambience. I. Modulate charm with alarm†¦humour with tension†¦tension with humour†¦funny policeman nasty policeman. j. Surprise, surprise†¦that’s what you do to the listener, through the plot. The principle of developing scenes 1.Introduction. 2.Character one†¦goal and objective. 3.Character two†¦goal and objective. 4.Purpose of scene in overall plot. 5.One of the characters achieves a goal. 6.Link to the next scene by introducing or pointing to location of next scene or presence of character in next scene. Question marks in the mind of the listener. Always keep one, better two or three The Principle of Character 1.Believable and recognisable. 2.Purpose within the plot. 3.Characters have to have function. Character has to be consistent with function. 4.Characters have to be intentional. 5.Start with a stereotype to ensure rapid recognition, then twist the stereotype. Challenge the homily that there is nothing new under the sun by making it new under the moon. 6.Give each character a dominant physical or behavioural characteristic. Make the dominant characteristic purposeful. Make it extreme. 7.Your main character must be active. 8.Active character / urgent plot. The character’s energy has to fight the urgency of the plot and the urgency of the plot makes the character more energetic. The principle of Hero / Heroine 1.Listeners look up to main characters, want to admire them because we all want heroes and heroines in our lives. Life’s eternal fantasy that transcendent people and transcendent moments conquer adversity. 2.If you are very clever you can transfer the hero from the obvious to the humble and make great the inferior or character who has greater potential for human dignity. 3.Charisma. Characters need intensity and conviction. They may not be perfect but they are attractive. You cannot identify with people who are unlike ourselves†¦too perfect, no beliefs†¦take themselves too seriously†¦lack a sense of humour.. 4.Give your characters private moments when they drop their guards and allow us into their minds and hearts. Make the listener privileged. Use this moment for revelation. 5.The main character has to change and has to be changed by the plot. 6.You must have a main character and secondary characters. Your main character changes. Your secondary characters are probably more singular in their characteristics. Your secondary characters are already committed. Your main character is still weighing up the options. 7.You must have characters who are extreme in relation to each other†¦characters that are different make drama. Where are we now? Well, we should be here†¦. a. The main character is in the middle of the story. b. You’ve used dominant characteristics. c. The listener likes the main character. d. The listener cares what happens to the main character. e. The listener hates the antagonist. f. The main character is developing. Principles of Dialogue a. Dialogue must be a response to a situation, plot or action. b. Dialogue must be a response to each character in the scene. c. Dialogue must be comic relief. d. Dialogue must connect to the next scene. e. Avoid reflective, passive and neutral. Go for active, and direct and emotional. f. Dialogue must be believable by being specific†¦by being specific to the character’s background and emotional state. g. If dialogue is reacting to action or situation then it must be dramatic and poised on polarities. The goals of the characters in each scene should be different. h. Dialogue should be continuous. Tip†¦characters often take a tag by repeating the last word spoken by the first character. i. Dialogue must relate to function. j. You can mix direct with indirect between two characters because they have different goals. k. Humorous dialogue is not a character telling a joke but a line or lines responding to the dramatic situation. l. Heightened dialogue vs naturalistic dialogue. Heightened language is the language of the theatre†¦high octane communication†¦poetic, philosophical†¦charged..the expression of the playwright†¦It serves not only the development of the plot and character, but it also presents the view of the writer. Works well in radio. But there is now a tendency for more naturalism. Radio producers like to go out on location and explore realism. In these situations you must stick to natural dialogue. Principles peculiar to Radio 1.The inner existence. 2.The tension and conflict between the interior and exterior. 3.More psychological. 4.Easier to explore the real and the surreal and to delineate the line between the two. 5.Have to work in the fifth dimension†¦the energy of the listener’s imaginative participation. 6.The interior existence offers exploration of personal thoughts, fantasies, emotions and conflicts. 7.All  levels of external conflict can be explored. 8.The precipitating event through plot has to threaten the inner life of the main character. This is the kick-off in radio drama. 9.The end or resolution in radio drama is more deeply rooted in the emotional equilibrium and insight of the main character. Changes are internal as well as external. 10.Time transposition and translocation are faster and more rapid and more complicated. Flashbacks†¦flashforwards†¦ different ages. 11.Radio requires less rather than more characters. Characterisation needs to be strong and fascinating. 12.Maintain the focus of the main character and plot. 13.Economy of words underlines subtextual surprise and engagement with the listener’s imagination. 14.Wit is vital because language is so important†¦cleverness with words†¦energy with words..humour with words†¦Wit is advanced by surprising the listener†¦being aggressive with the listener..being fast, short and clever with the listener. 15.Irony is pathos and bathos. It’s conflict between the inner life and outer action. Other radio drama producers in the world Norway: NRK kulturkanalen, P2 RODD- 0340, Oslo, Norway. Swedish Radio, SR S-105 10 Stockholm, Sweden. YLE Finnish Broadcasting Company Radio, PO Box 79 FIN-00024 Yleisrdio, Finland. HR, Hessischer Rundfunk Bertramstrasse 8, 60320 Frankfurt am Main, Germany. DR Danmarks Radio, Radio Drama Department, Ewaldsgade 3-9, DK 2200, Copenhagen N Denmark. ABC Australia, ABC Ultimo Centre, Level 5, 700 Harris Street, Ultimo NSW 2007. CBC-SRC, Radio Drama Department, Box 500, Station A, Toronto, Ontario, Canada MSW 1E6 SDR Suddeutscher Rundfunk, Neckarstrasse 230, 70190, Stuttgart, Germany. Radio Television Hong Kong, Broadcasting House, m 30 Broadcast Drive, Kowloon, Hong Kong, China. Other radio drama producers, SABC, South Africa, Los Angeles Theatre Works, LA, California, Public Radio, New Zealand.