Friday, February 21, 2020
Assignment Example | Topics and Well Written Essays - 1000 words - 46
Assignment Example 30). Many advantages accrue from accessing data and all the information from the cloud. Such advantages are reduced hardware and software requirements for the users. With a user interface software in place on the usersââ¬â¢ computer, they can fully access all the requirements from the cloud. Most information and technology experts agree that, there lacks a single comprehensive definition to what cloud computing is. Each definition offered for the cloud compound may be right but does not fully exhaust the integral components that make up cloud computing. As far as the definition of cloud computing may be right, they may leave out important aspects that characterize cloud computing (Armbrust et al. 20). Due to lack of well-defined standards for connecting computer systems (hardware and software) needed to make a working cloud computing, many companies offering the services define it in their way. Despite the varying interpretation of cloud computing, they all have the following basi c components (Friedman 45-50); Cloud computing is always off-premise. The services are hosted away from the clientsââ¬â¢ premises of the service providerââ¬â¢s location. The services are delivered over the public internet with all processing taking place outside the company network (this includes physical and securities barriers). Cloud computing is characterized by elasticity dictated by the service provider. It defines the extent to which resources can be scaled up or down rapidly depending on the end-users requirements for a given organization. Flexible billing plans characterize cloud computing of any platform. The billing of services rendered to the client for cloud computing is based on a variety of factors such as on-demand services and other forms of charging customers. Billing customers may take the form of subscription or consumption
Wednesday, February 5, 2020
The Turkish invasion in Cyprus at 1974 Research Paper
The Turkish invasion in Cyprus at 1974 - Research Paper Example All these were taking place in the knowledge of three guarantor powers which reacted three days after the Turkish invasion in Cyprus. The guarantor powers that included the United Kingdom, Greece and Turkey decided to agree upon the fate of the invaded island. Seemingly, Turkish had a lot of interest in having the most of the island, and, in fact, it ended up acquiring more than a third of the island illegally (Freedman 402). This came as a result of their Attila II pre-planned physical attack which saw them through their acquisition of the island disregarding opinions of other guarantor powers. The above actions were devastative in nature as many things were destroyed ranging from property in the island to individual lives that were claimed in the process of the attack. As a consequence of their brutality, more than 5000 individuals lost their lives. In addition, there resulted a fate unknown, and nobody could account for 1,614 missing Cypriots as well as 4 citizens from the US duri ng the invasion period, Congregation Record (18108). Before the attack on Cyprus by the Turkey, Greece had come up and led a coup whose intention was made known all. As Freedman (402) noted in his book, the Greek-led coup was to unite Cyprus Island with Greece. This is the sole reason why the Turkish military launched an operation to invade the same island to respond and resist the Greek dominion over the same island (Freedman 402). It is a clear fact that Greece was involved in the fight with Turkey over the Cyprus Island which led to atrocious consequences as the one that had previously mentioned. They tried various means of acquisition of the island including military approaches just to win it over Turkey, but it did not succeed as its expectation was. This fight between Greece, and Turkey over Cyprus made them differ over the Aegean territories. As a result, Greece itself tried to apply a diplomacy involvement in solving the issue at hand by then. This included their withdrawal from active participation in the NATO military command from the year that they experienced the fight between them and the Turkey (Freedman 402). This was s due to their partly protest over the issue regarding Cyprus Island that dominated largely by the Turkey. Huth, (136) brings an important aspect of Greek operations which are regarded to be full of diplomacy. For instance, the Greece itself was not willing to confront Turkey by counter attacking them using their available military to continue fighting over Cyprus Island. They avoided this kind of confrontation but rather withdrew and stayed calm over the issue. According to Huth (136), there have been three main crises that rank nationally between Turkey and Greece over Cyprus. The earlier ones, which happened before the 1974 Turkish attack like the 1964 and the 1967 ones, the government of Greece gave in to diplomatic intervention and resolutions. These diplomatic settlements were as a result of threats of using military for inte rvention posed by the Turkish government. Indeed, the 1974 confrontation did not see Greece use any military confrontation to contest against the Turkish invasion and domination upon Cyprus Island. There was a great challenge to international democratic peace in 1974when Turkey and Greece had the conflict over Cyprus Island, as Diez (169) has realized. It is important to note that, before this confrontation, Greece
Monday, January 27, 2020
Environmental sustainable development
Environmental sustainable development Introduction Sustainability can be described as a state in which humankind is living within the carrying capacity of the earth. This means that the earth has the capacity to accommodate the needs of existing populations in a sustainable way and is therefore also able to provide for future generations. Humankind is nowadays facing the fact that, with its intensive industrial activities, pollution, and resource exploitation has exceeded the earths carrying capacity. This means we must make strong and concerted shift of development in direction where earth can sustain humankind needs. This concerted and integrated action and change of direction can be referred to as sustainable development. Changes and integrated action can be first applied on micro level sectors like mining industries, where cumulative effects of such small changes can give very good results, in terms of sustainable development, (B. Clayton et al, 2002). The Brundtland Commissions (1987) vision of sustainable development is to mee t the needs of the present generation without undermining the capacity of future generations to meet their needs. . Sustainable development can be looked at as a process; this process involves the economic, social and cultural aspects of mankind as well as the environmental health of the planet, (Brundtland, 1987). This report is to elaborate on the Mining and Minerals sector how Sustainable development can be applied to the sector to confront present challenges. Jonathon Porritt puts it: Sustainable development is the only intellectually coherent, sufficiently inclusive potentially mind-changing concept that gets even half-way close to capturing the true nature and urgency of the challenge that now confronts the world and there is really no alternative, (D.Clayton et al., 2002). In the past decade, the mining and minerals industry has come under tremendous pressure to improve its social, developmental, and environmental performance, (http://ccsenet.org/jsd). Like other parts of the corporate world, companies are more routinely expected to perform to ever higher standards of behaviour, going well beyond achieving the best rate of return for shareholders. They are also increasingly being asked to be more transparent and subject to third-party audit or review. In response, a number of companies, either independently or with other actors, is establishing voluntary standards that often go beyond any law. But even so, some observers remain suspect that many businesses are merely engaging in public relations exercises and doubt their sincerity. In particular, the industry has been failing to convince some of its constituencies and stakeholders that it necessarily has the social licence to operate in many areas of the world. Despite the industrys undoubted importance in meeting the need for minerals and its significant contributions to economic and social development, concerns about aspects of its performance prevail. Mining, refining, and the u se and disposal of minerals have in some instances led to significant local environmental and social damage. It is not always clear that mining brings economic and social benefits to the host countries, as the minerals sector sometimes operates where there is poor governance, including corruption, and is thus associated with it, (G.J. Coakley, 1999). In some cases, communities and indigenous groups near or around mines allege human rights abuses. Many countries and communities depend on minerals production as a source of income and a means of development. And with growing trade liberalization and privatization, much of the investment in minerals exploration and production has turned to developing and transition countries. Mining is important in 51 developing countries accounting for 15-50% of exports in 30 countries and 5-15% of exports in a further 18 countries, and being important domestically in 3 other countries. About 3.5 billion people live in these countries, with about 1.5 billion living on less than US$2 per day, (World Bank, 2002). Minerals development can create many opportunities, including jobs, a transfer of skills and technology, and the development of local infrastructure and services. However, there is sometimes a lack of capacity, knowledge, and incentives to turn investment into development. The industry has generated wealth in direct and indirect ways but, it is alleged, there is a mismatch of opportunities and problems the wealth often being enjoyed far from the communities and environments that feel the adverse impacts. Sustainable development objectives A review of literature on sustainability suggests that sustainability can be described in terms of social, economic and environmental states that are required in order for overall sustainability to be achieved. The World Summit on Sustainable Development Plan of Implementation provides range of sustainable development objectives that should be aimed in order to achieve sustainability. Environmental Sustainable Development Objectives: à ¢Ã¢â ¬Ã ¢ Size, productivity and biodiversity: Ensure that development conserves or increased the size, biodiversity and productivity of the biophysical environment. à ¢Ã¢â ¬Ã ¢ Resource management: Ensure that development supports the management of the biophysical environment. à ¢Ã¢â ¬Ã ¢ Resource extraction and processing: Ensure that development minimizes the use of support of environmentally damaging resource extraction and processing practices. à ¢Ã¢â ¬Ã ¢ Waste and pollution: Ensure that development manages the production of waste to ensure that this does not cause environmental damage. à ¢Ã¢â ¬Ã ¢ Water: Ensure that development manages extraction, consumption and disposal of water in order not to adversely affect the biophysical environment. à ¢Ã¢â ¬Ã ¢ Energy: Ensure that development manages the extraction and consumption of resources in order not to adversely affect natural systems (Gibberd, 2005). Economic Sustainable Development Objectives: Vol. 3, No. 1 Journal of Sustainable Development, (http://ccsenet.org/jsd). à ¢Ã¢â ¬Ã ¢ Employment and self-employment: Ensure that development supports increased access to employment and supports self-employment and the development of small enterprises. à ¢Ã¢â ¬Ã ¢ Efficiency and effectiveness: Ensure that development (including technology specified) is designed and managed to be highly efficient and effective, achieving high productivity level with few resources and limited waste and pollution. à ¢Ã¢â ¬Ã ¢ Indigenous knowledge and technology: Ensure that development takes into account and draws on, where appropriate, indigenous knowledge and technology. à ¢Ã¢â ¬Ã ¢ Sustainable accounting: Ensure that development is based on a scientific approach that takes in to account, and is formed by, social, environmental and economic impacts. à ¢Ã¢â ¬Ã ¢ An enabling environment: Develop an enabling environment for sustainable development including the development of transparent, equitable, supportive policies, processes and forward planning. à ¢Ã¢â ¬Ã ¢ Small-scale, local and diverse economies: Ensure that development supports development of small-scale, local and diverse economies, (Gibberd, 2005). Social Sustainable Development Objectives: à ¢Ã¢â ¬Ã ¢ Access: Ensures that development supports increased access to land, adequate shelter, finance, information, public service, technology and communications where this is needed. à ¢Ã¢â ¬Ã ¢ Education: Ensure that development improves levels of education and awareness, including awareness of sustainable development. à ¢Ã¢â ¬Ã ¢ Inclusive: Ensure that development processes, and benefits, are inclusive. à ¢Ã¢â ¬Ã ¢ Health, Safety and Security: Ensure that development considers human rights and supports improved health, safety and security. à ¢Ã¢â ¬Ã ¢ Participation: Ensure that development supports interaction, partnerships and involves and is influenced by the people that it affects. This description provides simple definitions for sustainability and sustainable development. A useful aspect of the definition is that it provides both an ultimate state that must be strived for a swell set of actions or objectives, which if addressed and implemented, will lead towards sustainable development, (Gibberd, 2005). Sustainable Development Framework for the Minerals Sector Applying the concept of sustainable development to the minerals sector does not mean making one mine after another sustainable. The challenge of the sustainable development framework is to see that the minerals sector as a whole contributes to human welfare and well-being today without reducing the potential for future generations to do the same. Thus the approach has to be both comprehensive taking into account the whole minerals system and forward looking, setting out long-term as well as short term objectives, (D. Clayton et al, 2002). Moving from the concept of sustainable development to action requires: à ¢Ã¢â ¬Ã ¢ a robust framework based on an agreed set of broad principles; à ¢Ã¢â ¬Ã ¢ an understanding of the key challenges and constraints facing the sector at different levels and in different regions and the actions needed to meet or overcome them, along with the respective roles and responsibilities of actors in the sector; à ¢Ã¢â ¬Ã ¢ a process for responding to these challenges that respects the rights and interests of all those involved, is able to set priorities, and ensures that action is taken at the appropriate level à ¢Ã¢â ¬Ã ¢ an integrated set of institutions and policy instruments to ensure minimum standards of compliance as well as responsible voluntary actions; and à ¢Ã¢â ¬Ã ¢ verifiable measures to evaluate progress and foster consistent improvement. If the minerals sector is to contribute positively to sustainable development, it needs to demonstrate continuous improvement of its social, economic, and environmental contribution, with new and evolving governance systems. The sector needs a framework within which it should judge and pursue any development. The Challenges of Implementation One of the key challenges for minerals sector is implementation. I n other to facilitate putting sustainable development into practice in the mining and minerals sector, policy makers will need to select a mixture of the principles of sustainable development outlined above. Putting sustainable development into practice also requires actors in the minerals sector to be publicly committed to explicit and well-understood goals and objectives. Leadership from the top is a must, as is the need to ensure that all employees understand what sustainable development entails. This is necessary not only for companies but also for government ministries and departments at all levels, as well as labour, civil society organizations, and communities. Capacity building is also a key to moving forward, (D.clayton et al, 2002). Conclusion The concept of sustainable development is not new for it brings together ideas from a long history of human development into one common framework. This is becoming an increasingly important guide and judge for many actors whether from government, industry, or civil society. There is little disagreement about the broad principles contained in the framework, although different groups and individuals accord different priorities to the various spheres economic, environmental, social, and governance depending on their interests and their level of understanding and implementation. These priorities will determine the paths of action for implementation of the principles. The differences do not detract from the high level vision of sustainable development, which allows for different iterative and ever improving approaches. For improvement this actions have to be enforced: à ¢Ã¢â ¬Ã ¢ Consistency with the sustainable development framework; à ¢Ã¢â ¬Ã ¢ Continuous and clearly defined objectives and incentives to change towards better practice; à ¢Ã¢â ¬Ã ¢ SMART specific, monitorable, achievable, realistic, and time-bound approach; à ¢Ã¢â ¬Ã ¢ Enforcing higher levels of trust and cooperation; and, à ¢Ã¢â ¬Ã ¢ Where possible, built on existing structures and institutions. In many ways the picture today is already more positive than it was some decades ago. There remains much to be done in improving the sectors contribution to all aspects of sustainable development. But the largest companies and their newest operations at least are now being held to higher standards. Indeed, the best mining operations are now in the sustainable development vanguard not merely ahead of what local regulations demand, but achieving higher social and environmental standards than many other industrial enterprises. Reference: à · Brundtland: World Commission on environment and Development (1987). (pp.43). à · Dalal-Cayton.D.B and Bass.S (2002). The Nature of Sustainable Development Strategies.(pp.66-77,115,261). à · George J. Coakley, 1999. The minerals industry of Ghana in the US Department of the interior, US Geological survey, minerals yearbook. Area Reports: International 1997, Africa and the Middle East. Volume III à · Gibberd J. T., (2005). Developing a Sustainable Development Approach for Buildings and Construction Processes Smart Sustainable Built Environments. Blackwell Publishing Ltd. Chapter 27. (pp 300-310). à · Maja Mitich : Sustainable Approach to A Reform of Coal Mining Industry in Serbia. University of Singidunum, Belgrade, Serbia. http://www.ccsenet.org/journal/index.php/jsd/article/viewFile/4797/4461 (Accessed: 06/05/2010). à · Vol. 3, No. 1 Journal of Sustainable Development, http://www.ccsenet.org/jsd (Accessed: 07/05/2010). à · World Bank International Finance Corporation (2002) Treasure or trouble? Mining in developing countries. Draft.
Sunday, January 19, 2020
Illegal Use of Performance Enhancing Drugs in the Olympics Essay
Illegal Use of Performance Enhancing Drugs in the Olympics Since the original Olympic Games in ancient Greece, athletes have struggled to find a way to gain the competitive edge. Early rituals included consuming wine and brandy before an event, eating potent mushrooms, and even concocting magic potions thought to give the athlete improved performance ability (Phillips, 2000, p.53). A constant battle has been fought as the International Olympic Committee struggles to keep drug testing up-to-date and effective. We have come to associate drug use with a few famous names of fallen heroes, such as Ben Johnson and the most recent, C.J. Hunter, but few people realize just how widespread drug use is in Olympic sports and how small a percentage of offenders ever get caught. This presents the International Olympic Committee with one of its greatest challenges: trying to keep its drug testing procedures at a par with the technology of todayââ¬â¢s pharmacists. Should the International Olympic Committee just face the facts and realize that athletes wi ll continue to try and use performance-enhancing drugs, and hence turn their backs and act as though nothing is happening? I feel as though they should become more stern toward athletes that are caught, and let the world know that they are going to do whatever they can to catch those who use these drugs. Certain sports quickly come to mind when we think of performance-enhancing drug use. We think of bodybuilders and weightlifters when drug use is mentioned. But not many would list track and field as a sport in which performance enhancing drug use is prominent. "What seems clear, however, is that the use of performance enhancing drugs is a problem mainly for the athletes of track, field and swi... ...ive. Sources Alesia, M. (2000). Performance enhancing? In some events, even drugs canââ¬â¢t trump skill. CBS Sportsline. Retrieved March 15, 2001 http://www.sportsline.com/u/ce/multi/0,1329,2773853_15,00.html Begley, S., & Gordon, D. (2000). Under the shadow of drugs.Newsweek, 136(15), 56. Kowalski, K.M. (1999). Steer clear of steroid abuse. Current Health 2, 25(7), 13-16. Looney, D.S. (2000). No easy answers ahead on Olympics doping. Christian Science Monitor, 92(221), 12. Mishra, R. (1995). Steroids and sports are a losing combination. US Food and Drug Administration. Retrieved March 14, 2001 http://www.fda.gov/bbs/topics/CONSUMER/CON00107.html Phillips, A. (2000). The Olympic drug cloud. Macleanââ¬â¢s, 113(41), 52-54. Superhuman heroes. (1998). Economist, 347(8071), 10-13. Toward dope-free games. (2000). Christian Science Monitor, 92(202), 8. à Ã
Saturday, January 11, 2020
Pride of Baghdad
Saddam Hussein: The Power is down Pride of Baghdad, drawn by Brian K. Vaughan and Niko Henrichon, tells a story of group of lions escaping from the zoo after the U. S. army starts invading Baghdad. In order to show how cruel consequences that the war brings, the authors try to portray humans by drawing the lions, the bear, and other animals. Due to its gorgeous drawing style and its concise dialogues, the novel only has 100 pages but contains various meanings.In 2003, the Iraq war was triggered because of Hussein's violent suppression on the people, who have their own political views, but also his possession of the large amount of illegal weapons. The novel not only presents the consequence of dictatorship, but also satirizes the interference of U. S. army because the public opinion says that the reason of U. S. involving the war is impure since no evidence has been found to prove that Iraq has weapons of mass destruction. The main purpose of U. S. army invading is the oil resources in Iraq; however, by coincidence, Hussein is on the reign, which causes the U.S. ââ¬â¢s excuse to invade. In this book, the authors stand at Bagdadââ¬â¢s civiliansââ¬â¢ point of view to tell the story until they get shot by the U. S. army. More specifically, a fighting scene between the lions and the bear is not interpreted as the surface meaning but is created because the authors want to embody that even though the civilians overthrown the power of Hussein, the U. S. army is the one who eventually takes over their government power and causes the war. The lions and the bear both represent the civilians and Saddam Hussein.Towards almost the end of the story, referring to a specific page, a bear who shows up trying to block the lionsââ¬â¢ way to freedom says ââ¬Å"Donââ¬â¢t get upâ⬠(where the pageââ¬â¢s background is the huge bear standing up with Noor and Safa looking up). The authors purposely creates a giant black bear when the story almost reaches the end t o show the power that Hussein holds during the his presidency. By looking at the expression on the bearââ¬â¢s face, readers can clearly see the anger through its bloody eyes and sharp teeth with opening mouth.The shrewdest part of this graphic novel is its drawing style, using animals to portray humans. Throughout the idea of visual images, when readers first look at the bear, a sense of fear is emitted from its giant black body; however, the lions, comparing the size with the bear, are much weaker. The authors apply not only the visualized details, but also the literal ones in every single character. For instance, the names of the bear and the lions who is prisoned, Fajer and Rashid are both originated from Arabic language, which is also the official language in Iraq.Fajer means wicked and Rashid means rightly guided, which are opposite to each other; however, the justice canââ¬â¢t beat down the evil since Fajer already kills Rashid. According to the previous page, the author s purposely use special-effects lettering, a method of drawing attention to text of highlighting the words, on some of the words while the bear is speaking, ââ¬Å"PETâ⬠, ââ¬Å"HISâ⬠, ââ¬Å"FAJERâ⬠, and ââ¬Å"MANâ⬠(the page where the bear first shows up with only its eyes and mouth).The ââ¬Å"PETâ⬠represents the weakness of the justice under Husseinââ¬â¢s dictatorship, and oppositely, the ââ¬Å"MAN of the houseâ⬠implies the formidable power that Hussein holds. In addition, in order to describe the difference between good and evil, the authors use graphic weight to focus on the drawing of colors between the bear and lions, which are black and white.Even thought this particular page only contains one panel, it really embodies the representations between the civilians who are under suppressed and Saddam Hussein. Nonetheless, as the story reaches the end, the lions successfully kill the bear, but the U. S. army shot all of the lions. The authors a re trying to indicate the idea of how the civilians play the most important role during the war. Millions of lives are lost because of the war, and most of them are innocent civilians.
Friday, January 3, 2020
Jamaican Culture and Society Essay - 2959 Words
Jamaican Culture and Society I. Introduction- Retracing the Remnants of Colonialism: When discussing and analyzing contemporary Caribbean culture one must not fail to acknowledge the dreadful legacies of colonialism and imperialism. Contemporary Caribbean society, politics, and economics thinly veil the ramifications of a colonial and hegemonic past. Due to the remnants of colonial institutions such as slavery and the plantation system, the Caribbean has experienced a range of negative societal effects, namely the consolidation of a unifying cultural identity. The demise of colonialism in the Caribbean did not mark the end of social stratification based on racial and ethnic divisions. The prevailing racial distinctions andâ⬠¦show more contentâ⬠¦This social caste system evolved as a product of the historical antecedents of slavery, the plantation system, and colonialism (Nettleford, 28). The practice of social stratification evident in this early Jamaican society was essentially based on race distinctions. The essence of slavery and the plantation system rende red whitedom as the civilized faction of society and blackdom the primitive faction of society. Franklin Knight, in his discourse on the genesis of a fragmented nationalism in the Caribbean, renders the image of a social triangle in order to demonstrate the utility of such a social caste system that is derived from slavery and the plantation system. This social triangle, which is divided into three segments, suggests that the white settlers of European descent made up the smallest percentage of the population in Jamaica, yet they held the highest social, political, and economic status of all inhabitants. The middle tier of this triangle, and consequently the second largest faction in society, represents the free coloured members of society who were the offspring of widespread African and European miscegenation. The free colored population essentially formed a natural middle class with little, if any, sense of social or political efficacy. The pariahs of this triangular caste syst em, who were void of any sense of political, social, or economic autonomy, wereShow MoreRelatedReggae Music : A Musical Genre That Influenced Jamaican Music1268 Words à |à 6 Pagesmusical genre that has revolutionized Jamaican music. Reggae originated in Jamaica in the late sixties, early seventies. Itââ¬â¢s slow jerky rhythm and spiritual lyrics have influenced many artists, genres, cultures, and societies throughout the world. This had contributed to the advancement of new counterculture movements, especially in the United States of America, as well as Europe and Africa. 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Thursday, December 26, 2019
Contract Law in Malaysia - Free Essay Example
Sample details Pages: 6 Words: 1742 Downloads: 13 Date added: 2017/06/26 Category Best Score Essay Type Narrative essay Tags: Contract Law Essay Did you like this example? Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of à ¢Ã¢â ¬Ã
âcontractsà ¢Ã¢â ¬Ã , without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. Donââ¬â¢t waste time! Our writers will create an original "Contract Law in Malaysia" essay for you Create order There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity According to (Abbott, Pendleburry Wardman, pg112), capacity refers to the power to enter into any contract they wish. In Section 11 of Contracts Act 1950, every person is competent to binding a contract, when that specific person is in the age of majority, of sound mind, and is not disqualified from contracting in law previously. But, for some particular group of individual, there is no capacity of entering into a contract for them, this particular group are minors, mentally ill or drunkenness and also corporations. Minors In Malaysia, a minor refers to anyone who below the age of 18, according to (Lee, pg106). According to Age of Majority Act, 1971 stated that the age of majority is 18 and above. According to the case of Tan He Juan v Teh Boon Keat [1934], the plaintiff, who was an infant, executed the transference of land under the approval of defendant. Then, court held to declare the transference, and contract was void because of the involvement of minors entered into a contract. Based on (Abbott, Pendleburry Wardman, pg112), there are two principles in law to govern minorà ¢Ã¢â ¬Ã¢â ¢s contract. First, it was formed to protect minors to against their immaturity and lacking of experiences. Second, it is used so that the law will not cause unnecessary hardship to people who deal an agreement with a minor. Therefore, contracts that minor entered into will eventually be void, according to Contracts Act. The law seems to be prejudiced on adults who deal with minors. Therefore, to refuse any unfairness, certain exceptions have been created to avoid minors obtaining benefits with the existence of this law. à ¢Ã¢â ¬ÃÅ"Contractsà ¢Ã¢â ¬Ã¢â ¢ for necessaries As stated by (Nabi Baksh and Arjunan, pg173), under section 69 of the Contracts Act, if an individual is supplied by another individual with necessaries that suitable to oneà ¢Ã¢â ¬Ã¢â ¢s condition in life, supplies is able to reimbursed from such individualà ¢Ã¢â ¬Ã¢â ¢s property. This section may provide a broader scope of facts. Therefore, according to (Elliott and Quinn, pg57), à ¢Ã¢â ¬ÃÅ"necessariesà ¢Ã¢â ¬Ã¢â ¢ means goods that is importantly for a minor and it is suitable to the condition in life. Such goods are including foods, shelters and clothes. Court will be deciding whether if a contract is necessaries; therefore, court will first determine whether that specific goods are considered crucial and suitable for minorà ¢Ã¢â ¬Ã¢â ¢s condition in life, then court will observe and understand whether goods are in fact of necessaries for the minor. In Government of Malaysia v Gurcharan Singh Ors [1971] case, scholarship agreement that involved by an infant has become part of necessaries under virtue of Contracts (Amendment) Act, 1976, and therefore such agreement was valid, based on (Nabi Baksh and Arjunan, pg173). Fraud by Minors By following the common law, a minor may be sued if one is involve in torts or any unlawful act, this stated by (Nabi Baksh and Arjunan, pg174). Therefore, a minor will eventually be sued without hesitating the age of being in minority. However, there is an indirect enforcement for minor to enter a contract which supposedly to be void which as stated earlier. Therefore, it is unacceptable when a minor misrepresenting oneà ¢Ã¢â ¬Ã¢â ¢s age and convinced for any loan agreement and contract will be void. The defendant in R Leslie Ltd v Sheil [1914] 3 KB 607 case had made a loan agreement from plaintiffà ¢Ã¢â ¬Ã¢â ¢s company, defendant was under the age of majority and he lied about his age to enter a contract. In this case, plaintiff failed to claim damages from defendant because such action was indirectly enforcing minor to enter an enforceable contract. Under Contracts Act, it seems to be liberal where contracts which involve the minority will eventually be void even where a minor falsely imitate to be an adult, except of contract for necessaries. Therefore, under section 115 of the Malaysian Evidence Act, when one intentionally made another party to believe the false, it shall not be in any suit. Restitution If a minor had done torts and the goods were still in such individualà ¢Ã¢â ¬Ã¢â ¢s hand, such individual would be required to make restitution, based on (Nabi Baksh and Arjunan, pg175). There are limitation of remedy since it was only available when minor done a civil act. In Malaysia, Contracts Act and the Specific Relief Act 1950 are responsible to take turn for the attempt of relief. Marriage Contract As stated by (Nabi Baksh and Arjunan, pg177), there is also an exception when it comes to a marriage contract. Under section 4(a) of the Age of Majority Act 1971, minority will not be influenced the capacity in namely marriage, divorce, etc. In Rajeswary v Balakrishnan (1958) case, court held that a marriage contract that a minor entered was actually valid. To be fair, there is regulation where for those who entered marriage contract below 21 year-olds, it is a must to obtain fatherà ¢Ã¢â ¬Ã¢â ¢s written consent before marriage. This was seen under section 12 of the Law Reform (Miscellaneous Provisions) Act 1976, based on (Nabi Baksh and Arjunan, pg177). And therefore, for any breach of contract of marriage that involved minors, such minors may also sue or be sued. Employment Contracts In line with (Nabi Baksh and Arjunan, pg177), for any young person that involved under section 13 of Children and Young Persons (Employment) Act, it is capable for such individuals to enter into contract of service. However, for such group of individuals, there should be no damages if there is any breach of contract. Such people are not required to avail à ¢Ã¢â ¬ÃÅ"next friendà ¢Ã¢â ¬Ã¢â ¢ or à ¢Ã¢â ¬ÃÅ"guardian ad litemà ¢Ã¢â ¬Ã¢â ¢ in defending an action. The Mentally Ill and The Intoxicated The Mentally Ill In Malaysia, a person who is mentally ill is unable to think rationally and has difficulties in making judgment. Under section 12, person who suffers from mental disorder is incompetent to enter a contract, based on (Latimer, pg352). The meaning of mentally ill may leads to people avoiding their contractual obligations, therefore, person who is mentally ill will eventually be bound unless there is evidence to show that such person does not understand what have been happening and other person has already aware of his mental condition. Besides, a person must be of sound mind binding to a contract, as stated in section 11 of the Contracts Act. The Intoxicated As stated in (Latimer, pg352), if a drunkenness person or whom is on drugs, it is judged similarly as the incapacity of mentally ill. When one has evidence to show that one did not understand about the contract, or other party has known about his mental condition, the contract will be void. Corporations According to (Latimer, pg353), corporation or also known as company, refers to is an artificial creation of legal person and corporation must be differentiated from shareholders. There are two types of company in Malaysia, which are registered companies and listed companies. Registered companies are corporation that registered under the Malaysia Act. Then, listed companies are corporation that issues bonds and securities to the public. Based on Section 124 of the Corporations Act 2001, a company has the capacity to enter contract even though there are limitations to enter a contract. Besides, under section 19(5), companies shall also sue or be sued when there is issue occurs. Question (b) Essentially, the principle issue in this case refers to whether Giri has or has no capacity to enter into a contract with Tobias, then, there should be enough and valid reasons to prove it. In Girià ¢Ã¢â ¬Ã¢â ¢s case, Giri, who is below the age of 18 years old is considered as an à ¢Ã¢â ¬Ã
âinfantà ¢Ã¢â ¬Ã in law, as referred to the words of Age of Majority Act 1971 in Malaysia. Thus, when there is an involvement of minor in a contract, the contract will automatically be void except if there is any exception. As seen in Government of Malaysia v Gurcharan Singh Ors [1971] case, first defendant was a minor at that specific period of time. Therefore, court held that the contract was void. Back to Girià ¢Ã¢â ¬Ã¢â ¢s case, Giri is below 18 years old; still in the age of minority. And therefore, she has no power and capability to enter such contract. As stated earlier, if minors involved in specific cases where there is certain exception t hat might lead her to the capability to enter a contract. Contracts of Necessaries that under section 69 of the Contracts Act is the only exception that minor can enter into a contract. To define à ¢Ã¢â ¬Ã
ânecessariesà ¢Ã¢â ¬Ã , it is actually referring to goods that are necessarily important to an individual for the condition of life. Once it is proven that Girià ¢Ã¢â ¬Ã¢â ¢s laptop is not under à ¢Ã¢â ¬Ã
ânecessariesà ¢Ã¢â ¬Ã , she will not be capable to enter into a contract. For instance, after the case of Government of Malaysia v Gurcharan Singh Ors [1971] was held, contracts which involved education such as scholarship, has become unavoidable since education is à ¢Ã¢â ¬ÃÅ"necessariesà ¢Ã¢â ¬Ã¢â ¢ under Section 69 of the Act. Thus, minors can enter a contract when it is proven that it is a Contracts of Necessaries. The laptop that Giri wants to buy is not à ¢Ã¢â ¬ÃÅ"necessariesà ¢Ã¢â ¬Ã¢â ¢ to her condition in life, it is no t a crucial good that brings importance to life. Hence, she has no capacity to enter in a contract. As a final point, Giri has no capacity to enter a contract because she is a minor and laptop is not under à ¢Ã¢â ¬Ã
ânecessariesà ¢Ã¢â ¬Ã in the condition in life. Conclusion To conclude the overall law of capacity, it is referring to the power of an individual to enter or competent binding a contract. Then, limitations were created to protect several groups of individuals from entering a contract, which are the minors, the mentally ill and also corporations. In Malaysia, minors are individuals who are below the age of 18 years old. Contracts that minors entered into will be void because of their inexperience. However, there are exceptions for certain minors where they might have the rights to enter into a contract. Besides, mentally ill person is also incompetent to enter a contract due to their disability to think. Lastly, corporation has power to competent into a contract and the contract will be valid.
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