Variable Cost and Net Operating Income Essay Example

Variable Cost and Net Operating Income Paper TCO B Questions 1. (TCO C) The accompanying overhead information are for a division of a huge organization. Genuine costs Static Incurred spending Activity level (in units) 800 750 Variable costs: Indirect materials $6,850 $6,600 Electricity $1,312 $1,275 Fixed costs: Administration $3,570 $3,700 Rent $3,320 $3,200 Required: Construct an adaptable spending execution report that would be helpful in surveying how well expenses were controlled in this office. (Focuses : 30) 2. (TCO D) Mr. Baron Pearl, Accountant for Margie Knall, Inc. has arranged the accompanying product offering pay information: PRODUCT Total A B C Sales $ 100,000.. $50,000 $20,000.. $30,000 Variable Expenses 60,000. 30,000 10,000. 20,000 Contribution Margin.. .40,000. 20,000 10,000. 10,000 Fixed Expenses: Rent. .5,000.. 2,500.. 1,000 1,500 Depreciation. 6,000.. 3,000.. 1,200. 1,800 Utilities 4,000.. 2,000.. 00. 1,500 Supervisors compensations.. 5,000. 1,500.. 500. 3,000 Maintenance 3,000.. 1,500 600 900 Administrative Expenses. 10,000.. 3,000.. 2,000.. 5,000 Total Fixed Expenses 33,000. 13,500 5,800. 13,700 Net Operating Income $7,000. $6,500. $4,200 $3,700) The accompanying extra data is accessible: The manufacturing plant lease of $1,500 alloted to item C is avoidable if the item were dropped. The companys all out devaluation would not be influenced by dropping C. Wiping out item C will diminish the month to month service bill from $1,500 to $800. All managers pay rates are avoidable. On the off chance that item C is ended, the upkeep division will have the option to diminish month to month costs from $3,000 to $2,000. Disposal of item C will make it conceivable to cu t two people from the managerial staff. We will compose a custom article test on Variable Cost and Net Operating Income explicitly for you for just $16.38 $13.9/page Request now We will compose a custom exposition test on Variable Cost and Net Operating Income explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom exposition test on Variable Cost and Net Operating Income explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer At present, their consolidated compensations all out $2,000. Required: Prepare an investigation demonstrating whether item C ought to be dispensed with. Articulate your discoveries. (Focuses : 30) 3. (TCO E) Hanks Company creates a solitary item. Working information for the organization and its retention costing pay explanation for the most recent year is introduced underneath: Units in starting stock.. 0 Units created.. 9,000 Units sold ,000 Sales $80,000 Less expense of merchandise sold: Beginning stock. 0 Add cost of merchandise made 54,000 Goods ready to move. 54,000 Less closure stock 6,000 Cost of products sold.. 48,000 Gross edge. 32,000 Less selling administrator. costs.. 28,000 Net working salary.. 4,000 Variable assembling costs are $4 per unit. Fixed industrial facility overhead sums $18,000 for the year. This overhead was applied at a pace of $2 per unit. Variable selling and managerial costs were $1 per unit sold. Required: Prepare another salary proclamation for the yea r utilizing variable costing. Remark on the contrasts between the retention costing and the variable costing salary proclamations. (Focuses : 30) 4. (TCO A) The accompanying information (in a huge number of dollars) have been taken from the bookkeeping records of Karmana Corporation for the simply finished year. Deals $950 Raw materials stock, starting $10 Raw materials stock, finishing . $30 Purchases of crude materials . $120 Direct work $200 Manufacturing overhead .. $230 Administrative costs .. $100 Selling costs .. 140 Work in process stock, starting $70 Work in process stock, finishing . $40 Finished products stock, starting $100 Finished merchandise stock, finishing $80 Use these information to get ready (in a huge number of dollars) a timetable of Cost of Goods Manufactured and a Schedule of Cost of Goods Sold for the year. Also, expand on the connection between these calendars as they identify with the progression of item costs in an assembling organization.

Johann Sebastian Bach Essays (257 words) - Classical Music, Music

Johann Sebastian Bach Conceived: March 21, 1685 Kicked the bucket: July 28, 1750 Origination: Eisanach, Germany Age at Death: 65 Account Conceived at Eisenach, in Thuringia, he happened to a recognized melodic family. At 15 he turned into a chorister at Luneburg and at 19 organist at Arnstadt. Resulting arrangements included positions at the courts of Weimar and Anhalt-Kother, lastly in 1723, that of melodic executive at St Thomas' ensemble school in Leipzig, where, aside from his concise visit to the court of Frederick the Incredible of Prussia in 1747, he stayed there until his demise. Bach wedded twice and had 21 kids, ten of whom passed on in earliest stages. His subsequent spouse, Anna Magdalena Wulkens, was a soprano vocalist; she additionally went about as his amanuensis, when in later years his sight fizzled. Bach was an ace of contrapuntal method, and his music marks the perfection of the Baroque polyphonic style. Significant Works Sacrosanct music incorporates more than 200 church cantatas, the Easter and Christmas oratorios, the two incredible Passions of St Mathew and St John, and the Mass in B minor. Symphonic music incorporates his six Brandenburg Concertos, other concertos for keyboard and for violin, and four instrumental suites. Bach's console music for keyboard and for organ is of equivalent significance and incorporates the assortment of 48 introductions and fugures known as THE WELL-TEMPERED CLAVIER, the GOLDBERG VARIATIONS, and the FRENCH and ENGLISH SUITES. Of his organ music, the most imporant models are the choral prefaces. He additionally composed orchestral arrangements and melodies. Two significant works written in the later years represent the standards and capability of his polyphic workmanship - THE MUSICAL OFFERING and THE ART OF FUGUE.

Property law Case Study Example | Topics and Well Written Essays - 750 words - 2

Property law - Case Study Example The principle impediments incorporate sharing of benefits among accomplices, has boundless liabilities, long procedure of dynamic because of differences ,and may have constrained life and may end upon death or withdrawal of one of the partners(Miller,Ragazzo,& Hamilton,2011). Companies If Betty selects enterprise as her type of business association, the points of interest she is probably going to get are constrained risk to obligations and different commitments, it is simpler to gather assets for capital and costs, have ceaseless life, and simple exchange of corporate possession. The principle drawbacks incorporate numerous legitimate and conventions strategies that might be expensive and take long to finish, requires moderately huge measure of cash-flow to begin, and long dynamic procedure since it includes numerous individuals bringing about conceivable outcomes of differences (Dore?,2003). Establishment Setting a business as an establishment offers the advantage of working it under the standard of a built up substance subsequently upgraded security and emotionally supportive networks, working with a realized branch consequently less cost associated with brand creation, and building up great business connections particularly with providers and lenders. The weaknesses of establishment incorporate constrained control of the business and how it is run on the grounds that the proprietors of the brand set out the procedures and rules in regards to the tasks of the establishment, attached to providers as one will be required to utilize the establishment provider organize, expanded danger of harming the notoriety of the business if other establishment play with the brand and diminished benefits as one will be required to pay the proprietors of the establishment for utilizing their brand(Miller,Ragazzo,& Hamilton,2011). Constrained risk Company The favorable circumstances incorporate restricted liabilities to commitments and obligations, adaptable disseminati on of benefit, and adaptability in the executives and dynamic procedure. The disservices incorporate constrained life and frenzied procedures of lawful and convention systems (Dore?, 2003). Joint endeavor The upside of Betty framing a joint endeavor incorporate sharing of cost, access to pertinent mastery, gain from imaginative administrative abilities and works on, spreading of dangers and an enormous pool of capital. The inconveniences incorporate broad endeavors and time to make the correct relationship for association, lopsidedness in the degrees of venture, ability and resources contributed by accomplices, and contrasts in business goals that may upset collaboration and combination (Miller,Ragazzo,& Hamilton,2011). As I would like to think, sole-ownership is the best choice that Betty ought to consider while setting up her business. Since she has a potential client base of Christians in her general vicinity and a wellspring of capital from her significant other, she should set up a sole ownership business since it is anything but difficult to begin, she will be the sole administrator of her business thus she can apply her Christian qualities when maintaining the business without impedance from anybody, and since she is an adult Christian, she can undoubtedly pull in her kindred Christians to be her unwavering clients and appreciate all the benefits alone (Jessup &Chipps, 1991). On the off chance that Betty decides on

Management Dissertations - Organisational Misbehavior - Free Essay Example

Critically evaluate the argument that organisational misbehavior is a normal feature of organisational life Introduction The notion of organisational misbehavior can be interpreted in a lot of ways based on different perspectives, different people, shifting situations, and by the changing level of awareness and understanding on the life of an organisation. There is a primary purpose of organisations in the context of fulfilling certain individual goals. Northcraft and Neale (1990, p.5) say that people come together and form organisations because organisations can accomplish things that are beyond the reach of individuals. They come together to accomplish what each individual cannot accomplish alone. The meaning of behavior in organisations according to Northcraft and Neale revolve around managing behavior to take advantage of the performance benefits of groups over individuals. This is where the concept of a good behavior and misbehavior takes shape. Organisational Behavior Organisational behavior is a multidisciplinary definition that illustrates a number of points (Gibson et al, 2000). Some of these points relate directly to the conduct of the organisation in society. First, it indicates that the behavior of people operate at individual, group, or organisational level. This suggests that when trying to study the organisational misbehavior in the perspective of being a normal part of organisational life, it must identify clearly the levels of analysis individual, group, and the organisation being used. Second, theres a distinctively humanistic orientation within the organisation behavior. Peoples attitudes, perceptions, learning capabilities, and objectives are important to the organisation. They provide the rich mixture for their organisations culture and strategies to evolve and prosper. Thirdly, the external environment is seen as having significant impact on the organisational behavior. Finally, theres also the application orientation which concer ns providing useful answers to questions that arise in the context of managing the organisation. Misbehavior is often interpreted to mean bad behavior or a deviation from the normal norms and ethics expected of individuals and organisations. To say that organisational behavior also involves other certain kinds of misbehavior still descends to the fact that any type of behavior can be either good or bad depending on the context that it is applied to in real life situations. When this type of behavior exists and eventually prevails in any organisational setup, it would likely grow into a certain stature of normalcy and seep into conventional wisdom. In order to understand why this argument seems to make sense in the framework of an organisations life, it is important to first identify the different compositions of an organisation, its objectives, culture, structure, and strategies. The complexities associated with these compositions have made it virtually impossible to model and envision a perfect organisation. Organisations have had some bouts with internal and external conflicts in one way or another. Some have mastered the arts of deception and impropriety. It is unrealistic to say that organisational misbehavior is not part of organisational life either. People in the organisation may misbehave and some people may blame the entire organisation. Others may blame specific people (especially managers) when the real shortcoming came from the organisations policies. Other groups within the organisation or network may deviate from agreements and norms. The organisational culture may not also be up to the times and the current business strategies may not sit well with government regulation policies and industry norms. If these things do happen (and they happen a lot), it is not viable and healthy to draw the line between laying out unspoken rules in classifying organisational behavior to be good and a bad. People and Human Behavior People make up the internal social system of the organisation (Newstrom and Davis, 1997). This system consists of individuals and groups, and large groups as well as small ones. People are the living, thinking, and feeling beings who work in the organisation to achieve their objectives. An organisational structure is filled up with people who decide and deliver the goods for the organisation. Diversity presents a lot of challenges for management to handle. When people become members of an organisation whether in official, unofficial or informal capacity, they bring with them different educational background, talents, interests, and behavior that they eventually contribute for the success or failure of the organisation. The relationship among individuals and groups in an organisation create expectations for an individuals behavior (Gibson et al, 2000, p. 7). An individual can be presented here as the organisation itself. These expectations result in certain leadership and follower rol es that must be performed so that there will be some kind of order and system. Collective expectations can either conform or not to standard behavior. Collective misuse of resources interests, talents, expertise, and management strategies can constitute organisation misbehavior. Punch (1996, p.1) views these misconduct as harmful to the viability of the organisation and constitutes deviance by the organisation. To put it more bluntly, organisational misbehavior eventually boils down to the issue of profits and how it should be maximized. Money has always been a central issue in any organisation and it has often been used to measure the survivability of a business. Organisational goals always take into their mainstream policy the issue of financial and economic stability and prosperity. Punch (1996, p.214) strongly suggested that formal goals of the organisation thus constitute a front for the real goals of management which is to provide a money machine for its owners and other insiders. If it is already common and normal for criminals to use any tool or weapon to perpetuate a crime, it would also seem normal for organisations to use the organisation itself to obtain money from victims of its misbehavior. The victims may actually be the customers or the members themselves. It is a prime example of what is called the organisational weapon the organisation is for white-collar criminals as the gun or knife is for the common criminals (Wheeler and Rothman, 1982, cited in Punch, 1996). In short, an organisation is set up for the primary purpose of making a substantial amount of money in the form of a profit and improving the quality of life for the individual members of the organisation. Organisations have systems of authority, status, and power, and people in organisations have varying needs for each system. People need money and a sense of fulfillment. People also need power to impose their will to others. People want to attain a certain level of success as measured by their status and standing in the organisation. Taken as a whole, organisations follow certain types of ethical behavior and standards defined along its objectives and future goals. It is also believed that adherence to moral standards on the job can have positive outcomes on the organisation and society by promoting strong ethical behavior in any aspects of life (Mares, 2005). This strong behavior of one organisation can be used as a strong issue against another organisation which is considered to be misbehaving just because it was not able to adhere to certain moral standards previously attained. Organisational Structure An organisational structure defines the formal relationship and use of people in organisations. According to Newstrom and Devis (1997), different jobs are required to accomplish all of an organisations activities. There are managers, employees, accountants, assemblers, and others who have to be related in some structural way so that their work can be effectively coordinated. How is the structure of the organisation related to the conduct of an organisation? According to Thompson (1997, p.588), structure is the means by which the organisation seeks to achieve its strategic objectives and implement strategies and strategic changes. Assuming that these strategies and changes are concerned with relating the organisations resources to its goals, will these resources be used in the proper way acceptable to all in the society? If change is necessary, it is correct to point out that resistance to change can constitute another concept of misbehavior. People confronting changes in their working environments often exhibit dysfunctional behaviors like aggression, projection, and avoidance (Hirschheim, 1995 p. 160). These types of behavioral patterns affect the overall behavior of the organisation. Another thing to consider in the organisational structure is the way decision making is delegated and observed. Thompson described the extent by which a decentralized and centralized setup of management decision making is vital in adapting to strategic change. In a centralized setup, organisational misbehavior is usually highlighted at the top management level because only a handful of people are empowered to do the decision making. A decentralized setup allows decisions to be made by most people who must implement change and usually allows the organisation a more collective approach to making decisions based on what is morally and ethically correct. This statement however, does not imply that a decentralized structure eliminates instances of misbehavior. It only lessens the probability. On the other hand, a decentralized setup could empower smaller groups within the organisation to abuse their power and open the possibility of misbehavior on a smaller scale. According to Tsahuridu, specialization and division of work that occurs in organizations may make people in organizations unable to see the illegality and immorality of certain actions. Each action is a part of a chain of actions, and even though each individual act may be legitimate and moral, all the actions linked together may constitute an illegal or immoral activity, which each individual participant may be ignorant of. Organisational Objectives and Culture Organisations must have objectives in order to exist. Objectives are always centered on what is basically good for the organisation, whether the resulting action or consequences is bad. How is organisational objectives tied to organisational behavior? Profit and growth are means to other ends rather than objectives in themselves (Acoff, 1986, cited in Thompson, 1997). There is then a question of whether profit is the ultimate objective of profit seeking business organisations or whether it is merely a means to other ends, which themselves constitute the real objectives (Thompson, 1997, p.153). Organisational behavior can be better understood by assuming whether the real goal of the organisation is to maximize profit or to provide them with a good quality of life and better standard of living. Harris and Hartman (2002, p. 75) said that an organisations culture consists of the values, norms, and attitudes of the people who make up the organisation. Values show what is important; norms reveal expected behavior; attitudes show the mind-set of individuals. Organisational culture therefore tells people what is important in the organisation, how to behave, and how to see things. Culture is a part of organisational life that influences the behavior, attitudes, and overall effectiveness of members (Gibson et al, 2000). Managers are usually in the forefront of formulating organisational strategies and policies. Johnson and Scholes (1997, p.79-80) argued that in formulating policies, managers should regard experience (good or bad) as constraints on developments. They say that in order to develop the organisation to cope with todays changing environments, they need to challenge the people around them and experiment with their different ideas and conflicting views in a pluralistic approach. The job of top management therefore is to create this sort of organisation by building teams that can work in such ways through the development of the everyday behavior and culture of the organisation. All of the issues related to the organisation in general have a tendency to influence and affect the behavior of the organisation. While it is safe to assume that the notion of misbehavior in the organisation tends to focus on the wrong or negative side of the organisation, it is preferred that misbehavior should be corrected and dealt with by focusing on how to manage and institute reforms in the different aspects of the organisation. This is a tall and complex order. Organisational behavior is not only influenced by the different factors previously mentioned. Management policies have a tendency to adapt to changing situations in their environments. Some organisations strategies may take advantage of weak government policies and regulations and find loopholes with which they can misbehave without being noticed. Other organisations strategies tend to focus on covering up unethical practices with good and convincing arguments that their actions go against standard practices but at th e same time, benefit a large segment of society. Punch (1996, p.1) described the behavior of todays organisations as problematic and worrying. He reasons out that different kinds of organisational misbehavior are often caused by managers lending themselves to deviant activities and the inability of government, business, and regulatory agencies to control effectively such misbehavior. He explains that this was largely because the subjects of business crime and corporate deviance have been sadly neglected by criminologists and crime-fighting bodies in favor of other areas such as street crimes, low-level law enforcement, and the prison system. Almost everyday, new types of organisation misbehavior are being uncovered and brought out into the open. As these corporate scandals and other forms of financial misconduct often perpetuated by top level management are exposed, more and more sophisticated strategies and techniques are slowly being uncovered. It is quite interesting to know that one kind of misbehavior can be linked to another form of misbehavior in another corporate partner within the network of organisations. Other sets of misbehavior can involve almost all levels of the organisational hierarchy. The realities faced by an organisation are different from others. Each organisation has an identity, an objective, a strategic plan, and differing sets of policies and regulations. Harris and Hartman (2002, p. 97) said this is because the underlying premise in the ideal culture is that the formal organisations norms and values are to be consistent with those of the various individuals and groups within the organisation. They say that the norms and values of individuals and groups of the organisation are hostile to formal organisational goals. This is especially true to members of top-level management and the rank and file members. Their hidden values may contradict the official policies of the organisation. Sometimes, the organisation may not value the potential contribution of its members. The need to create competitive advantage for profit and growth without the proper ethical system in place can lead to drastic steps and ethically questionable decisions and actions. Some members of the organisation may feel the need to make reforms while others may think taking radical steps will eventually spell success. Discontentment and trouble may brew over different signals and messages that the inner structure of the organisation send out to the outside world. It is therefore evident that culture can become very counterproductive and the basis of confidence, cooperation, and adherence to standard norms and behavior can be damaging to the overall behavior of the organisation. This is the start of the decay of organisational values and norms and provides a fertile ground for breeding misconduct and misbehavior in any front of the organisation. Conclusions Misbehavior is a normal part of an organisations life. It is not a question of whether it exists or not. It tends to become an issue when organisations tolerate and do nothing to correct these deviances from normal behavior and when organisations formulate policies that sheer away from ethical standards that govern them. Why is it that organisational misbehaviors tend to exist even in model companies and organisations recognized for their professional excellence? There are different ways of understanding organisational misbehavior in the context of whether it is normal or not in an organisational life. If we try to look closely at the term normal and misbehavior, there are two things which would come into mind. First, nothing is perfect and it is perfectly normal for people to commit mistakes, either willingly or unwillingly. People can always create rules and policies to counter certain misconduct. Organisations can always innovate and deviate from these rules in order to attain their goals. In these instances, there is no such thing as a perfect law governing businesses and there is also no such thing as a perfect business strategy. In normal instances, mistakes are part of the learning process. As this cycle continues today, organisational misbehavior has already come to the point where people have already considered it part and parcel of their everyday life. It is part of the reality of life that has something to do with existence and how mankind adapts to ongoing changes. The only thing that people consider to be an issue in organisation misbehavior is the level or degree of how it affects society. Second, in order to survive, some organisations have to take the risk, whether this will put them in the burner for good or elevate their status in the business community. These risks are normally present in their business strategies, structure, objectives, and culture. They can follow the business rules by the book and end up earning nothing or they may deviate from certain rules and norms and reap profits. Again, it is normal for organisations to take risks and reap the benefits. All of the characteristics of an organisation are linked to one another to form their own identity and behavior. People are in a social structure within the organisation and are empowered to make good or bad decisions. The structure of the organisation limits or expands the power to make decisions. Bibliography Books Gibson, James et al. (2000).Organizations: Behavior, Structure, Processes. 3rd edition. McGraw-Hill, Manila. Harris, J and Hartman, S. (2002). Organizational Behavior. Haworth Press. New York. Hirschheim, R.A. (1995). Office Automation: A Social and Organizational Perspective. John Wiley. Oxford Johnson, Gerry and Scholes, Kevan. (1997). Exploring Corporate Strategy.Prentice Hall. UK Newstrom, John and Davis, Keith. (1997) Organizational Behavior: Human Behavior at Work. McGraw-Hill. Northcraft, Gregory and Neale, Margaret.(1990).Organizational Behavior:A Management Challenge. Dryden Press, Florida. Punch, Maurice. (1996). Dirty Business: Exploring Corporate Misconduct. SAGE Publications, London. Thompson, John (1997).Strategic Management: Awareness and Change. 3rd Edition.International Thompson Business Press.Boston Journal Article Mares, Micheal (2005), The Importance of Business Ethics,Retrieved last February 26, 2005 from https://www.webcpa.com Tsuahurido, Eva, Ethics and Integrity: What Australian Organizations Seek and Offer in Recruitment Advertisements,Retrieved: March 3, 2005 from https://www.pamij.com/7_4/v7n4_tsahuridu.html

Was The American Revolution Revolutionary - 1549 Words

Upon analyzing the critical question of to what extent was the American Revolution revolutionary, one must define qualifications to accredit such a revolution. Is a revolution defined as a complete and utmost overthrow of an established government by a new regime? Or is a revolution defined as a subversive change in societal values/roles that changes the structures of a pre-existing social order? Or possibly both? In light of both definitions, one can evaluate that the American Revolution was indeed revolutionary because American colonists were successful in eradicating themselves from the overarching British government, parting from their political power. Colonial states in the Americas were controlled by a British monarch system of†¦show more content†¦During the fight for independence, when men fought in battles, women took a new role in society that included maintaining the farms, businesses, and help to form American Patriotic groups. However, the argument that the Amer ican Revolution was revolutionary for women could be argued as shortcoming because it wouldn’t be until almost 150 years later that American women would be granted the power and right to vote, a great power denied to women during the American Revolution. The American Revolution was a war between Great Britain and the thirteen colonies in North America. The British, having supported the American colonists during the French and Indian War, procured to taxing colonists for debt accrued during the war. Colonists were infuriated about the new taxes passed by the British Parliament. From the Sugar Act to the Stamp Act, to the Coercive Acts, American colonist’s main grievance was that the British parliament was enacting taxes and making decisions that dealt with the colonies’ interests without representation by the colonies themselves in government. American colonists soon began to protest Britain’s imperial policies by boycotting British goods, and inciting tha t the colonists had the right to life and liberty. The British government at the time was ruled by absolute power derived by the Kind of England. It is in the distinction from where power reigned that distinguishes the AmericanShow MoreRelatedHow Revolutionary Was The American Revolution? Essay1242 Words   |  5 Pages How Revolutionary was the American Revolution? The American Revolution set the ground work for a major change in the New England colonies. It was a time of significant governmental changes on political and social levels, and a growing ideology on the obedience of a women and the dissolution of slavery. There were many events that led up to the American Revolution. 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Enders Game and the Matrix - Comparative Essay Practise ...

â€Å"In a comparative study of texts we see that the connections between texts are realised through the different textual forms used by each composer.† How accurate is this statement for the pair of texts you have studied in this unit? In your answer you may like to discuss some or all of the following: form, structure, language features, context, information ideas. When texts are considered together, responders realise that texts are connected through their similar themes and ideas displayed in their textual forms. Texts are allegories of human existence which simultaneously examining contextual ideas. This is seen the two texts, the Wachowski brothers’ film The Matrix (1999) and Orson Scott Card’s novel Ender’s game (1985), through their†¦show more content†¦This idea is represented in the matrix by â€Å"The Desert of the Real† and the motifs of mirrors throughout the movie. The reflections represent the confusion toward the blurred line between reality and simulation. Similarly, this idea of the blurred line between reality and simulation is reflected with Cypher’s conversation with Agent Smith. A firm believer in the theory â€Å"ignorance is bliss†, Cypher prefers the ‘happier’ simulated life to the truth facing him. By emphasising this simulated environment, the Wachowski bro thers allow us to analyse our own dependency on technology for our lives. Similarly, Card analyses this idea of human kind living in a simulacra in his novel Ender’s game. Not knowing the truth, Ender is deceived by his military superiors into believing that the real battle against the buggers was simply a computer game. â€Å"Real. Not a game.† After this sudden revelation, Ender cannot cope with his existence, and only finds redemption in religion. In both texts, the composers use textual forms to highlight the idea that computers are used to create a simulation which absorbs the user, hiding them from the realities of life. Similarly, both texts use defamiliarisation to give representations on gender. The futuristic shifts are used to reflect contextual shifts in gender paradigms. In The Matrix, this is apparent through all the androgynous characters, such as Trinity, Switch and to some

Contract Law Peculiar Circumstances

Question: Describe about the Contract Law for Peculiar Circumstances. Answer: 1. Introduction It is not enmesh in controversy that consideration, as a matter of course, plays an anomalous role in formation of a contract. There is, infallibly, some truth to the widely agreeable protestation that consideration in a contract must not only be adequate, but must also be sufficient. Issue The challenging question, however, embedded in the whole discussion of consideration is whether a past consideration is legally valid and sufficient. Rule The doctrine of past consideration emanates from the idea that consideration must be given after a promise is made (Roscolla v Thomas, 1842). In the case of Harrington v Taylor (1945) P was assaulted as a result of voluntarily assisting D from being knocked by W. Later D promised W that he is going to pay him for the damages but D did not pay the full promised amount. It was held by the court that a past consideration is not a valid consideration, however the court noted of the moral imperative on D to compensate P. It can thus be stated that where the consideration is given based on a predated activity or occurrence of an event that is past it is generally regarded as not good consideration (Eastwood v Kenyon, 1840). Application The rule was also successfully applied in Re McArdle (1951) where two siblings undertook to repair a house and later it was stated that after the sale of the house of their late father they will be paid a sum of $480 as consideration of the repairing the house. It was held that the promise to make payment was made after consideration had been provided it was the past consideration was not valid. It has also been argued that where there are two parties in a contract and after the formation of the contract one party promises that the other that they will give him or her an extra benefit in the contract, it has been held that the consideration for that promises had already been fulfilled and therefore the past consideration will not be valid (Paul 2007). Conclusion Essentially, it can be observed that the rule of past consideration appears to very strict from a majority of application of the precedents discussed above. It appears that the common law did not give room for exception to this rule. However there is truth in the words that the law of equity is not cast on stone and it is subject to exceptions. Issue The other major issue is whether the rule that past consideration is not good consideration still applies or has since been overridden by other decisions. Indeed the strictness of the principle in past consideration has since been overridden as shall be demonstrated below. Rule In as early as 1652 it was held that where the promisor had expressly agreed that the other party supplies goods to him and ,the goods are actually delivered, a promise that is made after the goods are delivered shall be regarded as binding (Lampleigh v Braithwait,1615). It is apparent from the above case that there must be an express authority from the promisor that a certain act be undertaken. It should be borne in mind that the promise that is later made must be related to the act that the promisor had given express authority to (Stone 2011). Any act that was not followed by the express authority of the promisor is deemed not consideration for the later promise. Application The case of Privy Council in Pao On v Lau Yiu Long (1979) which appears to be the leading case when discussing the exception of the rule in past consideration, has been widely accepted across various jurisdiction and regarded as one of pervasive importance. In this case, Pao On and Fu Chipo agreed that Pao On would retain 60%of the acquired shared until 1974. Later on in 1973 Pao refused to continue to retain the shares unless he was indemnified for the value of the retained shares. The holding of this case established that for a past consideration to be valid there are three essential ingredients that were necessary. Firstly, the act must be one that was done at the request of the promisor. It can be deduced that it was the defendant himself who had agreed that Pao retain the shares. Secondly, it was held that the parties must have had it clear and understood that the act was one which was capable of remuneration. It can also be discerned here that they both agreed that the act would be compensated by the provision of a guarantee. This second test has been held that it in most instances gives the court an onerous task showing the consensus ad idem (meeting if the minds) of the parties (Pavis 2007) It has been suggested that an objective test should be taken to determine if a reasonable person in the same position as the parties would infer that the act was one capable of being remunerated. In Re Caseys Patents (1892) the claimant promoted patents that belonged to the defendant and when the work was almost completed the defendant promised to pay the claimant but he actually failed to pay. The court held that there was an understanding between the parties that the acts were to be remunerated and therefore the consideration even though past is valid. Thirdly, that if the promise was made prior to the performance of the act, the promise would also be enforceable. This implies that the promise should be that one if made in the ordinary sense of contract law it will be capable of enforcement. In the practical commercial world it has been held that a new contract that has been formed between a creditor and a debtor concerning a debt that is time bared relies on the a past consideration and can therefore fall within the panoply of the exceptions that state that past consideration is good consideration (Richard 2011). On the other hand In the English law negotiable instruments such as cheques have also been held to rely on the doctrine of past consideration. It is imperative to note that most cheques are normally cashed after the performance of an act and hence the consideration can be regarded as a past consideration (Sarah 2003). Conclusion The discussion above has dissected the principle of past consideration and discussed all the facets from its inception when the harsh common law doctrine applied and strictly considered past consideration as not good consideration to the present equitable past consideration which though not good consideration it can be allowed in peculiar circumstances. From the foregoing it can be plausibly concluded that the principle of past consideration has not entirely been overridden as it is subject to exceptions. References Eastwood v Kenyon (1840) 113 ER 482 at 485 Harrington v Taylor (1945) 36 SE 2d 227 Lampleigh v Braithwait [1615] EWHC KB J 17 Oudhton, P, 2000, Sourcebook on contract law, Cavendish Publishing Pao on v Lau Yiu Long [1979] 3 All ER 65 Re McArdle (1951) Ch 669 Re Caseys Patents (1892) 1 Ch 104 Roscorla v Thomas. (1842) 3 QB 234 Richard, P, 2007 Law of contract, Pearson Education Limited Richard,S 2011, The Modern Law of Contract , Routledge Taylor, R, Taylor, D 2011, Contract Law ,Oxford University Press 2011 Worthington,S 2003, Commercial law and commercial practice, Hart Publishing