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Learning Module 11 – Introduction

Learning Module 11 – Introduction. I’m studying and need help with a Communications question to help me learn.

Our last Content Learning Module for this class!!!
Are we really there already? For me, it is difficult to believe. You’ve read and watched a great deal of information over the course of this class. You’ve learned so many concepts and theories and with each learning module you’ve delved into practicing some of these concepts through your activities. You’ve come together and responded to each other and hopefully, you’ve made connections with classmates that you thought could or would never happen in an on-line class.
We have one more opportunity to come together, investigate an area of Interpersonal Communication, and find ways to use the information to improve our own personal lives.
I’ve dedicated this last opportunity to the area of Interpersonal Conflict. Let’s think about it, when things are going well in our relationships, do we really spend much time thinking about how to make it better or do we just go on with our day? It’s really when things are difficult in our relationships, when there is conflict with those people we care for the most, that we frantically search for ways to resolve the conflict and get our relationship back on track. In general, we are afraid of conflict. We are afraid of the way it makes us feel. We are afraid it is a sign that there’s something so wrong in the relationship that it may not last. We are afraid to make people angry. And for all these reasons, and many more, we often avoid conflict.
But, the main goal for this learning unit is NOT to be afraid of conflict. It is to understand that CONFLICT IS NATURAL!! That conflict can be GOOD for our relationships.
Here’s an interesting Ted Talk that might help you understand these ideas in another way.

By the end of this learning module you will be able to

define interpersonal communication.
describe your own conflict style.
identify areas of conflict unique to certain groups.

Learning Module 11 – Introduction

Fidel Castro was and remains a divisive figure in world politics. Through a long revolution he created a political party built on both Marx and Lenin. It turned Cuba in the context of the times from a poor miserable country to a world competitor. The policies that got put in place were quite different compared to those that other socialist states implemented and he has altered socialism to stay in power for many generations. This essay will analyze how Castro combines two ideological views, taking what he feels is most important about both to create his idea of the perfect political platform. Also showing how communism made it difficult for Cuba to create and keep relations with many countries. Having almost impossible goals for a communist country and being doubted by much of the world he introduces healthcare, education, women’s rights and many other freedoms and expressions. By contrasting both how some say, how drastically Cuba improved and deteriorated from before the revolution to after, it will paint the controversial black and white picture for Fidel Castro’s overall success or failure of implementing his form of communism in Cuba. The Revolution and Rise to Power Fidel Castro with the 26th of July Movement led a revolution that overthrew President Fulgencio Batista of Cuba on January 1, 1959. This was when they won the revolution but it actually all started six years earlier with an initial assault. Fidel led their first attack with a brigade of poorly armed and trained rebels to attack the Moncada barracks in Santiago and the Bayamo barracks on July 26, 19532. This attack was not a success, there is still a debate of the exact number of deaths but according to Castro of the 111 men who had taken part 69 died. Only 8 died in the actual crossfire while the rest were hunted down by the army or rural guards3. Almost directly after the assault a majority of the attackers were taken captive and tortured in various locations. Castro and a small group of survivors which included Raul were not in the group who was captured directly after. They rather spent 6 harsh days in the mountains running and starving until captured. Castro was sentenced to fifteen years after an incredible and long speech to the court while Raul got thirteen years. While in prison Castro spent his days and nights reading and studying many topics but mainly political ideologies4. Luckily only two years later due to political pressure on Batista all military prisoners were freed including Fidel and Raul. As soon as possible they quickly fled to Mexico with the other exiles and began to prepare their revolution to take down Batista. They got special training by a Spanish civil war leader of the republican forces named Alberto Bayo. Also in this time he came to know Ernesto “Che” Guevara who was a proponent in guerrilla warfare and they joined forces5. Ernesto would become a very strong force in shaping Castro’s political belief, saying that the only solution would be a violent revolution. Finding Political focus The foundations of the Cuban Marxist state evolved to involve Marxist beliefs as well as the ideas of Lenin. Castro learned from Marx and Engels and also Lenin many different concepts that shaped his political focus. From Marx and Engels and the Communist Manifesto he discovered that a small portion of the ruling class always breaks away and forms a revolutionary class. So he discovered many methods that would stop this from occurring. From Lenin on the other hand he learned how to blend theory and praxis6. This is meaning that he used Lenin’s ideas of how to go from the theory of communism to actually putting it into practice. With these two role models in mind he formed a pragmatic or practical, not theoretical, form of Third World Marxism. When the revolution started to unfold, Fidel indicated that Marxism means a lot more than just theory or philosophy. He thought that it serves more as a guide to daily life for problems that humanity has faced since medieval times7. On December 1, 1961, Castro said “I must say with full satisfaction and confidence, that I am a Marxist-Leninist, and I shall be a Marxist Leninist until the last day of my life”8. Castro thought that to achieve communism you need to evolve from underdevelopment. Meaning that you cannot be a third world country you need to be able to compete in international markets. It is necessary to construct communist consciousness at the same rate as you would develop the rate of production. Democracy, Human Rights, and freedom of expression Castro believes in unitary democracy rather than adversary democracy. Unitary democracy is a government system in which all governmental power is vested in a central government and from that the regional and local governments obtain their powers. Now on the other hand, Castro does not trust adversary democracy that was strongly promoted by the liberals because he has a lot of doubt about the representative institutions. His perspective is that it only tends to the needs of the most powerful people and sectors in society9. There are many critics of Cuba that say that Fidel Castro is a hypocrite and that he favours the most powerful people. They back this up by saying that he has failed to bring in human rights after the revolution as he promised the people. Now this is very controversial because an important thing to remember is that human rights under socialism are significantly different than those under capitalism. Socialism says that human rights are what people have by virtue of their humanity. Castro explains this by asking questions such as, why should some people eat till full and still have left over’s while others starve? Why should some people go incredibly poor while others are excessively rich? This is stating that human rights mean that everyone of every color and race should have equal opportunity in the world10. In Cuba after the revolution there was censorship placed on certain types of publications. The censorship was not as wide spread as the Americans seemed to portray it to be, but definitely was present. Anyone in Cuba could read or write almost anything they please from Mein Kampf because believe that students learning about history need to learn about Hitler and his Nazism. Even religious books such as the Bible and Quran were allowed for analysis and books that analyse capitalism or socialism are encouraged. All that’s forbidden is any type of publication that condemns socialism or the revolution from the perspective of a capitalist11. This is one of the attempts Castro made to make sure that people do not break away from revolutionary class, with ideas that capitalism and democracy are better. Now from the eyes of any democratic citizen they would say that there should be no limit on what they are allowed to read and form opinions about. It makes many Cubans think there is something that the communist are hiding from them. It starts to make many of the wonder if maybe it will offer them a better lifestyle then being just barely above the poverty line. Antonio Gramsci was an Italian who did a lot of things ranging from writer, politician, linguist, political theorist and much more. He came up with the idea to use revolutionary struggle to strengthen the cultural structure. He thought that you can unify society by building a revolutionary culture that appeals to everyone12. Castro used this idea and was very successful with it with the Cuban people. He was so triumphant with this that proportionately more Cubans participate in cultural activities than any other Latin American country. In doing this Fidel Castro decided to add sports to Gramsci’s list of cultural activities. These activities already included art, dance, theatre, music, literature, and crafts. Success of revolution? Before the revolution Before the revolution in Cuba a majority of the population was in complete misery. There were an approximate 600,000 Cubans out of work and 500,000 farmers living in small shacks at the best. A large portion of the people only worked 4 months of the year and tried not to starve the rest. The average national annual income was only $91.25 (US). This caused infant mortality to be 60 per 1,000 born and also life expectancy which was 59 for males. Only 2% had running water and 43% were completely illiterate. Also, women made up only a tiny portion of the workforce, an estimated 9.8% and many were only doing degrading low paying jobs such as prostitution13. During these times Batista was Cuba’s President, Dictator, and close ally to the United States. Batista was a Capitalist and a huge admirer of the United States who turned very corrupt and was incredibly disliked by a majority of Cuba. After Revolution One of the greatest achievements of the revolution was the healthcare and education changes. These happened drastically fast and with high level of success. According to the World Health Organization in 2006 the average Cuban will live longer than the average American. Also the Cuban doctor patient ratio is 170:1 in 2008 which is one of the best in the world14. Just to show how impressive there healthcare is, when the earthquake hit Pakistan in 2005 Cuba sent thousands of doctors that were able to see hundreds of thousands of patients. Fidel states that since the economy grew at a rate of 4 percent a year for 30 years. This made it possible to bring some increases in healthcare personal, staff, infrastructure and technology. Just in the province of Santiago in comparison from before the revolution to after the increase is extraordinary. Health facilities went from 33 to 127, doctors increased from 180 to 1470 and nurses as well went from 76 to 452915. Now education increased at the same fast pace, almost directly after the revolution. They started by renovating old buildings and vacant hotels and casinos into schools. Then in time new buildings were constructed for the children. By June 1961 all the schools in Cuba were nationalised which intended to form a nationally coordinated strategy to improve education. Another reason for nationalizing the schools was to eliminate the cultural hold of the Catholic Church was running most of the private schools. Within only three years the numbers in primary education had risen by 80. Also after the revolution, there were many other fields that Castro got straight to work trying to improve the life of the ordinary Cuban. Such as, road construction programs were created to provide employment and better infrastructure. Telephone companies owned by American ITT and other companies were taken over and the rates were reduced. In 1959 the first Agrarian Reform Laws were implemented in Cuba. These laws took land owned by US companies and redistributed it to small farmers and rural workers who had no land. After the revolution the US stopped purchasing the sugar so Castro had to find some new connections since sugar was one of the main exports. He decided to make an alliance with the Soviet Union. They started off trading sugar for oil and then in time weapons, technology, and military assistance to Cuba. The pact with Soviet Union made the country prosper more financially than ever. The Federation of Cuban Women (FMC) which was created in 1960 has been very important in the advancement of gender equalization and health improvements17. Fifteen years later in 1975 the family code was then established which made men and women equal in law. Now today 50% of workforce is women including a majority of the medical and scientific fields being dominated by women. Also in 2007 26% of the national assembly was women. Not everyone thought the results of the revolution were for the best for the people. That is why millions of Cubans left Cuba and set sail for the Florida coast only 90 miles away. Many of the exiles left due to before the revolution they had money and wealth and now were living only just above the poverty line. Cuba’s revolutionary governments wanted to turn around the socioeconomic status quo to benefit their rural and urban poor. They did this by nationalizing almost all businesses, expropriating land and asserting state control over sugar mills, oil refineries, utilities, and transportation infrastructure18. There were two main waves of people migrating to the Miami from Cuba. The first was immediately after the revolution where the people closest to Batista and his strong followers fled. There was an estimated 200,000 that fled just after the revolution. Then in 1962 during the Bay of Pigs incident the immigration was put on hold until 1965. Then after mass amounts of nationalization occurred it forced many other wealthy Cubans or middle class professionals to depart as well. At this time Cuban authorities decided to allow people to leave to the USA. The American and Cuban authorities made an agreement to a program that would have twice daily “freedom flights” from Miami to Havana. By 1968 all opposition of the revolution was either in Miami or neutralized or in jail19. Even though Castro was scared to lose many trained professionals he was more scared of a counter revolution. In around 1972 the flights ended and 250,000 more Cubans were exiled. The US government played huge roles during the years of shipping and flying to Florida. They provided liberal visa entry policies, resettlement assistance, and job training. Also the Catholic Church set up a program called operation” peter pan” where Cuban families can send children to live with host families until they are able to come to the states themselves. Even though there were good intentions this program separated some families for decades and some to this day still don’t know their parents20. While the United States may have been on bad terms with Cuba since the minute Castro came into power, does not mean that Canada was in the same boat. The states had political problems with Cuba ever since it became a communist country. They have always refused to do business with a country that stands for incredibly opposite provisions as they do. Events such as Cuban missile crisis and the Bay of Pigs only made matters worse. Now Canada seemed to reach out during these times and try to create a connection with Cuba to prosper economically. They figured that if the US was not willing to create ties with Cuba to export many of their goods then Canada would. Trade for the last couple years between Cuba and Canada has been an estimated 1 billion dollars and 22% of Cuban goods are exported to Canada. A majority of the goods that Canada exports to Cuba are oil, food and machinery. It was not until 2000 when the U.S allowed Cuba to purchase some food products, giving that they pay cash. Cuba started to purchase food a year later, when they were in dire need of food from the damage caused by hurricane Michele21. Fall of Soviet Union After the collapse of communist states in the late 1980s and then the Soviet Union its self in 1991 it gave Cuba a harsh blow economically. One of the main ways that Cuba stayed alive was due largely to its Soviet Union ties. Cuba figured that as long as they kept friends in high places in the Soviet Union they would get some type of support due to the Cuban-Soviet trade pact. But by the end of December 1991 all the friends that Cuba had in Russia were no longer in power and the pact was meaningless. It was not much longer till basically all Soviet personal had left the island. In June 1993, the last soviet troops a brigade of 500 men from the Motorized Infantry Brigade left who had been there since 196222. A speech that Castro gave to the National Assembly he described the loss of trade and aid as “Treacherous and devastating.”23 The GDP from 1989 to 1993 fell a drastic 35 percent, while the export of Cuban goods also fell but by a more horrifying 79 percent. The 1990s were incredibly hard times for Cuba and many sacrifices had to happen for the country. They put in place a policy that was written when Castro feared the US was going to put a navel brigade around Cuba. This policy was called The Special Period and it entailed some drastic measures and sacrifices. Reduction of food subsidies, public expenditure cuts, fuel and electricity cuts, farmers were encouraged to use oxen rather than tractors and even social programs were suspended. Basically nothing was done by the Cuban Communist Party that was actually noticeable to fix the economy. It was near impossible for Cuba to compete on international markets from nickel to pharmaceutical products. There was some compromising that Cuba allowed during the harsh times to attempt to achieve a new international reality. The National Assembly of Peoples Power, which is the legislative parliament of the Republic of Cuba and the supreme body of State power. It approved a new constitution that would replace the old soviet era document of 1976. There were a few main focuses of the new constitution. For one they no longer stood for the atheistic views of the Cuban state and allowed freedom of religion. Next the language of Marxism- Leninism and the communist party were toned down. More attention was then given to the Communist Party as the party of national unity, more for Jose Marti rather than Lenin. The last part of the constitution was to try and improve the investment possibilities. It recognized the ability of foreign joint ventures to legally own property. Cuba soon declared that many parts of the economy are open for foreign investment, as long as the state owned over 50% in each venture24. Fidel was very nervous to alter their political views towards more capitalism. Mining, tourism, energy, telecommunications and many more were the first to open to foreign investment. The harsh times lasted until the beginning of the new millennium where they found the slightest boost economically and politically. They got this improvement through the changing composition of international geopolitics. This was when old powers such as Russia and new rising powers such as China, Brazil and India increasingly challenged the economic dominance of the US. Due to this new change, Cuba was now able to trade on its relatively high level of development in areas such as medicine and biotechnology. Fidel believes that Cuba has not developed as quickly as he had hoped. Even though there has been an incredible amount of advances, there is too much trade with capitalist powers. Cuba will not truly prosper until capitalism crashes and Cuban products are priced internationally according to the labour required to produce them. Since the likeliness of capitalism falling in the near future is so slim, the dream of social change does not lie in the near future. For some ideologies may seem perfect on paper or in theory but when you attempt to put into practice, they can turn into a muddy affair. References Wynia, Gary W. The Politics of Latin American Development. 3rd ed. New York: University Cambridge Press, 1978. 287-90. Print. Balfour, Sebastian. Castro Profiles in Power. 3rdrd ed. Britain: Pearson Education, 1990. 46-49. Print. Abrams, Dennis. Ernesto “Che” Guevara. New York: Infobase Publishing, 2010. 56. Print. Liss, Sheldon B. Fidel! Castros Political and Social Thought. 13th ed. San Francisco: Westview Press, 1994. 47-53. Print Liss, Sheldon B. Fidel! Castros Political and Social Thought. 13th ed. San Francisco: Westview Press, 1994. 48, 3rd Paragraph. Print Liss, Sheldon B. Fidel! Castros Political and Social Thought. 13th ed. San Francisco: Westview Press, 1994. 129-130. Print Joyce, James A. Human Rights: International Documents. Vol. 1. Oceana: Sijthoff and Noordhoff, 1978. 760. Print. Liss, Sheldon B. Fidel! Castros Political and Social Thought. 13th ed. San Francisco: Westview Press, 1994. 48, 134-135. Print Holub, Renate. Antonio Gramsci: beyond Marxism and postmodernism. New York: Routledge, 1992. Print. Travers, Steven R. “Fidel Castro And the Cuban Revolution .” Red Room: Where the Writers Are. N.p., 19 Apr. 2010. Web. 17 Nov. 2010. Kapcia, Antoni. Cuba In Revolution. London: Reaktion Books, 2008. 46-48. Print. The federation of Cuban Women. federacion de mujeres cubanas, n.d. Web. 22 Nov. 2010 Sweig, Julia E. Cuba What Everyone Needs to Know. New York: Oxford University Press, 2009. 47. Print. CBC News in Depth: Cuba. Ed. Doris Anderson. N.p., 3 Aug. 2006. Web. 27 Nov. 2010. Sweig, Julia E. Cuba What Everyone Needs to Know. New York: Oxford University Press, 2009. 126-127. Print.Castro, Fidel. “Loss of Trade.” Granma International. 28 Mar. 1993. Address.
Table of Contents Introduction The Conquest of Toledo (1085) The Siege of Lisbon (1147) Works Cited Introduction It has been argued that The Medieval Iberian Peninsula was quite influential and memorable for its diversity in terms of politics, language, culture, religion and ethnicity. As a result, there are several authors and historic experts who have come to conclude that the people of Iberia positively affected the Middle Age, describing the society as one which promoted social coexistence among Christians, Muslims and Jews. This allowed Christians and Muslims to live together for close to eight centuries on the peninsula (Remie 131). Notably, not only did these kingdoms exist side by side but the people with varying religious faiths found it easy to live in the same region and cope with one another. Besides this coexistence, conquests were witnessed in the history of medieval Spain. This essay summarizes “The Conquest of Toledo (1085)” and “The Siege of Lisbon (1147)” as authored by Olivia Remie Constable in the book, Medieval Iberia. The Conquest of Toledo (1085) The Conquest of Toledo took place in 1085 and played a major role in the history of Medieval Spain as it led to the change of power from Muslim to Christian rule. The invasion of the city was widely seen by many as a political move that led to the conquest. Although Toledo was not as large as other cities in the country, it was a significant capital to both Christians and Muslims (Remie 131). In the understanding of this conquest, it is equally essential to underscore the role of kings as they led the two sides in championing their ideologies and supremacy. One these kings was Alfonso VI who inherited the throne from his father. However, invasions and external forces from other rulers led to the defeat of Alfonso by his own brother, Sancho II (Remie 131). As a result of their strained relationship, Alfonso took refuge in Moorish Court in Toledo. This was not his end as he succeeded Sancho II in 1072 after being assassinated. With his power as the king, he won Galicia from Garcia, his brother (Remie 134). Due to his domineering authority, he became one of the most powerful Christian rulers in Medieval Spain. He attacked several Muslim territories up to Taifa as he encouraged Christians to migrate to the northern side. He continued with his raid even after the conquest in 1085. According to Olivia Remie, Alfonso’s victory was skillful as he managed to defeat several cities like Seville, Zaragoza and Badajoz, which had merged against him. The conquest of 1085 increased enhancement of opportunities in Medieval Spain. Several people including French, Moors and Spaniards were brought together in a single city, which remained historically known for refinement and learning. Even though there are several factors that led to the Toledo conquest, it is evident that King Alfonso IV played a major role in organizing a successful attack on the city. By utilizing his privileges as the governor, he attacked Islamic territories (Remie 137). Get your 100% original paper on any topic done in as little as 3 hours Learn More The Siege of Lisbon (1147) According to Olivia Remie, the siege of Lisbon was driven by military actions that led to the capture of the city by Portuguese, displacing Moorish kingpins. This siege is believed to have been among limited victories that were experienced by Christian crusaders (Remie 180). In other words, it was the only recorded victory that was carried out by the pilgrim army and is widely seen as a core contributing factor towards the final Reconquista. It is worth noting that the siege of Lisbon took place after a series of events that were characterized by the fall of various cities, which were captured by powerful rulers of the time. For instance, the collapse of Edessa in the year 1144 triggered Pope Eugene III to give a decree for a new crusade in 1145 in the Iberian Peninsula. As a way of strengthening his efforts, Pope Eugene III ordered Alfonso VII to join the war against the Moors. These efforts led to the departure of the first group of crusaders for the Holy Land. This contingent got an opportunity to interact with King Alfonso I of Portugal (Remie 181). The meeting between crusaders and the king resulted into an agreement in which they were to support him to attack Lisbon in exchange of goods and ransom money for prisoners who were to be captured during the attack (Remie 182). As noted by Olivia Remie, July 1 marked the start of the siege of Lisbon that was concluded on October 25, 1147. It is believed that the Moorish leaders surrendered after the siege tower reached their territory wall and limited food supply that was resulting into starvation and hunger. During the siege, there were surrender-terms that were to be kept in future though none of them was observed (Remie 183). For instance, Muslims were to retain their lives and material wealth though the city was to be under different rule. After the siege of Lisbon, crusaders were at liberty of either proceeding to the Holy Land or settling in the new city that had been captured. From the two conquests, it is clear that rulers played significant roles in influencing other people. Works Cited Remie, Olivia. Medieval Iberia. Pennsylvania: University of Pennsylvania Press, 1997. Print. We will write a custom Essay on “The Conquest of Toledo (1085)” and “The Siege of Lisbon (1147)” specifically for you! Get your first paper with 15% OFF Learn More

rhetoric in practice

rhetoric in practice.

Assignment The RIP assignment has two parts: project and essay. Project: You will craft a text having selected a purpose and audience that addresses the class theme (or responds to one of the class texts). You will then select an appropriate genre for this project, and demonstrate your rhetorical know-how by selecting appropriate rhetorical choices for this situation. In other words, your created text will operate within a clear rhetorical framework—with a clear context, belonging to an identifiable genre, and with a clear purpose and audience—that addresses the class theme (or responds to one of the class texts). The only limitation on genre is that it is text-based and it cannot be a short story. Message and Purpose: First, what’s your message going to be? What do you want to portray about either your class text or class theme? Think about this specifically and complexly—what are the new insights you can bring to the table? What are arguments that you can make? Audience: Once you decide your message, whom do you want to target? Why? And what are going to be the expectations of this audience? What might be difficult in addressing them? Think specifically about who they are and what their expectations will be. How will that affect your appeals to them? Context: What’s the historical and cultural context of this project? Is this taking place right now? Where and when? How does that influence the project? See the AGWR 39B chapter for more details about exploring context. Genre: After you think through all of these possibilities, now you can start to decide on a genre for your project. The RIP project should involve a text-based genre, but is only limited by your imagination. Part of this project’s goal is for you to explore a genre that you’re not familiar with, so you should pick something that can challenge you in terms of making a complex argument in a different format. There can be multi-modal components to the project, but there should be a significant amount of text should be the primary component. Research various genres online for what might be most compelling to you—for instance, perhaps you’re interested in a short video, but instead can write a film treatment or pitch document for it. Essay: You will also write a rhetorical analysis of your own work that analyzes the rhetorical choices you made. The essay should build on your work in the RA essay and indicate how you’re applying your rhetorical know-how. You’ll include secondary sources that demonstrate, among other things, your understanding of your chosen genre and your understanding of the texts/ideas you’ve studied throughout the quarter. Requirements Your project should be somehow related to the unnatural creatures. The RIP project should between 500-800 words The RIP essay can be multi-modal if necessary and should be between 500-800 words long.A minimum of three (3) sources must be cited in the essay to, though the working bibliography with annotations may have 10 or more sources that you read in the process. The message I want to write about is student who live in campus should protect yourself instead of rely on police.
rhetoric in practice

The legal capacity

cheap assignment writing service CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding contracts, and to sue and be sued in its own name. In order to be bound by a contract, a person must have the legal ability to form a contract in the first place. This legal ability is called capacity to contract. Both parties in a contract must have the necessary mental capacity to understand what they are doing. Under common law anyone has the right to enter into a contract, except for minors, people with mental disability and also people who are under the influence of drugs or alcohol. For a person to avoid a contract on the ground of their incapacity, they must also show that they lacked capacity to enter into a contract and that the other party knew or ought to have known their incapacity. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void. In other situations, a person may not completely lack the capacity to contract. The contract would then be voidable at the option of the party claiming incapacity, if he or she is able to prove the incapacity. INFANCY The term infant differ from the term minor. In most cases, legal contracts are voidable if one of the contracting party is a minor. The law states that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for useful contracts of service, that is they would have to pay for the necessary goods and services that they consume. However, it is stated in the British Columbia Infants Act (RSBC 1996 c.223) that all contracts cannot be implemented against an infant, regardless of whether it includes necessities and beneficial contracts of service. If there is a contract between an adult and an infant, adults are bound but infants can break away from the contract at their option, which means that the contract is voidable. The infants may endorse a contract once they have reached a maturity age. In the case of executed contract, the infant cannot avoid debt if they have obtained advantages under the contract, except if what they obtained has no value. Any one of the party can apply to the court upon the termination of contract. MINORS A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or by his or her guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If, however, he or she does not cancel the contract within a reasonable period of time, the contract will be considered ratified, making it binding and enforceable. If you intend to enter into a contract with a person who is under the age of 18 years it is essential that you give that person the opportunity to consult with a suitable adult about their rights and responsibilities before concluding the deal. This will make it less likely for a dispute to arise about their capacity.A young person is generally bound to a contract for necessaries – which includes food, medicine and clothing. Contracts for necessaries can also include contracts for education or employment. However, some other contracts will not be binding on a young person, including contracts for goods or services which are not necessaries and credit contracts. Based on the case study, John has the age capacity to enter into a contract as he is an adult. He was walking alone around SOGO Shopping Complex to do some window shopping. His age has got to be above 18 years old. This is because he is working, and this is illustrated in the sentence “as I was very busy with my work, I only managed to go to the shop a week later”. Case example: Nash v. Inman [1908] 2 KB 1 The defendant, a minor, purchased a number of waistcoats from the plaintiff. The issue was whether they were necessaries. The court held that the waistcoats were not necessaries as the minor had an adequate supply at the time of sale. It was held that two conditions had to be met before goods or services would be regarded as ‘necessaries’. First, the goods or services had to be suitable to the condition in life of the minor (e.g. a minor accustomed to living a life of luxury will have a different ‘condition in life’ from a minor living in impoverished circumstances). Whether this was the case would depend on the type of lifestyle the minor in question was accustomed to leading. Second, the goods or services had to be suitable to the minor’s actual requirements at the time of supply. If the minor had an adequate supply of the relevant goods from another source, this requirement would not be satisfied. MENTAL DISABILITY In 1954 the High Court dealt with the issue of a person’s soundness of mind when involved in contractual dealings. The court held that ‘it requires, in relation to each particular matter or piece of business transacted, that each party shall have such soundness of mind as to be capable of understanding the general nature of what he is doing by his participation’ (Gibbons v. Wright (1954) 91 CLR 423).It follows that if a person is so drunk, mentally ill or senile that they have no idea that they are involving themselves in a contract, they will lack the necessary contractual capacity. If however, their mind is affected by their problem, but they are nevertheless aware that they are involving themselves in a contract, the capacity to contract will probably exist unless the other party deliberately takes advantage of their weakness. (This is linked to the way in which the common law and equity deal with unconscionable conduct – where a person takes advantage of a person with a disability). Contracts with intellectually impaired persons is void. Similarly, contracts with involuntary mental patients is void. Some types of mental disability may be sufficient to allow a person to repudiate a contract in certain circumstances. Generally, the law is concerned with the lack of capacity arising from mental disability. For example, people who have schizophrenia may have delusions, but if they can manage their own daily and business affairs and look after their personal finances, they may have the capacity to enter into contracts. The mentally disabled persons that the law protects are those who are unable to manage their own affairs or are unable to appreciate the nature and consequences of their actions. Provincial legislation provides that a person can be declared to be unable to manage his or her affairs. If there has been such a judicial finding, contracts made after the judicial finding are void on the grounds that there is a lack of capacity to consent to the provisions of a contract. Contracts made prior to the finding may be voidable. However, if a person lacks capacity because he or she is unable to handle his or her affairs, but there has been no judicial finding, the contracts made are voidable at the option of the person who is mentally disabled. If the contracts are not repudiated, they are presumed to be enforceable. Case example: York Glass Co. Ltd v. Jubb [1925] All ER Rep 285 Jubb contracted to purchase the plaintiff’s company business. On the date of contracting, he was technically insane and shortly thereafter was placed in a lunatic asylum. The receiver of his estate, who was appointed under a lunacy statute, repudiated the contract. The plaintiff company sued for damages, alleging the repudiation was wrongful. The court held that a contract entered by someone of unsound mind is valid unless the impaired person can show that the other party was aware, at the time of contracting, that the impaired person was so insane that he was incapable of understanding what he was doing. In this case, there was no evidence to show that the plaintiff company knew or suspected that Jubb had been insane at the point of contracting. The contract was valid and Jubb’s estate had to pay damages for not performing the contract. UNDER THE INFLUENCE OF DRUGS OR ALCOHOL If a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the intoxication and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. Intoxication alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, upon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, even where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a position that an unconscionable agreement permits the court to presume that the sober party had knowledge of the intoxication of the other party once there is evidence of intoxication. Based on the case study, when John bargained for the 6 seater dining set, he was not under the influence of alcohol or drugs. He was well aware of the bargain and he realised that he has entered into an agreement with Comfortable Furniture Sdn Bhd. Case example: Matthews v. Baxter (1873) LR 8 Exch 132 Baxter, while drunk, agreed at an auction to purchase a property. Once sobriety returned he decided that he wished to affirm the contract that had been made by him while drunk. Sometime later he had a change of mind and he sought to rescind the contract, arguing that he lacked capacity to enter the contract by reason of intoxication. The court held that because Baxter had confirmed the contract it was no longer open to him to avoid the contract on the grounds of intoxication. This was despite the fact that he had made out the necessary element of this defence. BANKRUPTCY Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. These individuals would not be able to pay their debts and lose their status as creditworthy. Most states differ on the means whereby their outstanding liabilities can be treated as discharged and on the precise extent of the limits that are placed on their capacities during this time. However, they are returned to full capacity after discharge. In the United States, some states have spendthrift laws where an irresponsible spender is claimed to lack the capacity to enter into contracts. Based on the case study, Comfortable Furniture Sdn Bhd has the business capacity to operate its business. This is because the company is not facing bankruptcy. Therefore, the company has the capacity to enter into a contract or agreement with John. SIGNIFICANCE WHY CONTRACTING PARTIES REQUIRE LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACT Not everyone is legally entitled to enter into contracts. Some persons, by their status, are presumed not to have the ability to enter into contracts or have limited rights to contract. Prevention of fraud provides for formality requirements and the protection of persons who lack full capacity to enter into contracts. If there is no capacity, the incapacity party would become vulnerable and weak. If one party lacks the intellectual capacity to protect himself or herself, then the other party may act dishonestly during the bargaining process or takes advantage of a position of trust, or if the other party has expert knowledge of the subject matter of the contract that the weaker party cannot have and takes unfair advantage of that knowledge. Besides that, without capacity, the contract would be void. A contract is void when it involves minors. This type of contract will have no effect as it is not recognised by the court and parliament. Therefore, if there is no capacity, the contract would not be enforceable. The purpose here is to protect the weaker party from the stronger and more able party. This class of persons who lack or have limited capacity to contract include minor and persons under mental disability. The general rule is that minors may not enter into contracts. The reason for this rule is that minors are presumed to be naive, inexperienced, and easily taken advantage of. So, some protection is required to avoid them from being cheated. The law also interferes in circumstances where someone who is intoxicated enters into an agreement. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. The contract may not be legal if there is no capacity. If there is no capacity, people with mental disability, minors, and also those who are under the influence of alcohol or drugs would be allowed to enter into contracts. The people who have mental disability and under the influence of drugs or alcohol do not have the mental capacity to enter into contracts. They are unable to think well and they are not able to make a wise decision. So, if there is no capacity, the contract will lose its validity. Case example: Mercantile Union Guarantee Corporation v Ball (1937) An infant haulage contractor who took a lorry on hire-purchase was held not liable for arrears of installments. Case example: Cowern v Nield (1912) It was held that a minor who was a hay and straw merchant was not liable to repay the price of the goods which he failed to deliver. Case example: Doyle v White City Stadium (1935) An infant boxer was held bound by a clause in his contract which provided for forfeiture of his prize money (as happened) he was disqualified. The contract as a whole was similar to apprenticeship. Case example: Valentini v Canali (1889) A minor leased a house and agreed to buy some furniture, paying part of the price. After several months the minor left, and avoided the contract as he was entitled to do. He could not recover the payments which he made for the furniture, however, because he had received some benefit from the contract. Case example: Leslie Ltd v Sheill A minor who lied about his age to obtain a loan could only be forced to return the cash he borrowed.Sheill failed to repay two cash loans he had obtained by falsely claiming to be an adult. The contract was not enforceable (not for necessaries) so the lender asked for restitution of the money on other grounds, including that Sheill had committed the tort of deceit (fraudulent misrepresentation). The English Court of the King’s Bench held that Sheill could not be sued for deceit because that would make a minor indirectly liable for an unenforceable contract. The court could only order restitution if the lender could prove Sheill still possessed the actual notes and coins he had borrowed. Case example: Roberts v Gray (1919) Roberts agreed to take Gray, a minor, on a billiard tour to instruct him in the profession of billiard player. Gray repudiated the contract. The court held that Roberts could recover damages despite the fact that the contract was executory. Case example: Scarborough v Sturzaker A bicycle was a necessary because the minor had only one and used it to travel to work. Sturzaker, a minor, cycled 19 kilometres to work each day. He traded in his old bicycle to Scarborough and made a part payment on a new one. Sturzaker repudiated the contract and refused topay the outstanding amount. The Tasmanian Court held that the bike was a necessary. Therefore, the contract was enforceable and Sturzaker had to pay the money owing. Case example: Hart v O’Connor The Privy Council said in Hart v. O’Connor(1985) that an insane person who appears sane can rely on the independent and separate ground of unconscionability which relieves abnormal mental weaknesses even short of incapacity. Undue influence may also apply. Case example: Peters v Fleming (1840) Held an expensive gold watch chain was a necessary for a rich young man. Point of law being that it depends on the status of the minor as to whether a luxurious item is deemed a necessary. Case example: Chaplin v Leslie Frewin (1966) Contract was made to write the autobiography of Charlie Chaplin held as binding as it allowed a minor to start to earn a living as an author.However if on the whole a contract is unreasonable, oppressive and not beneficial then it will not be binding. Case example: De Francesco v Barnum (1890) A girl of fourteen was apprenticed to D for seven years in order to learn to dance. D was not obliged to maintain her, nor did he have to pay her unless he found engagements for her. Even when engagements were found, the rate of pay was very low. She could not obtain engagements for herself, nor was she allowed to marry, during the seven years. It was held that the contract was not binding upon the girl, as it was unreasonable, oppressive and not beneficial to her. Point of law is as above. Case example: Gore v Gibson Advanced the view that a contract for necessaries supplied to a drunk could not be maintained if upon sobriety the contract was repudiated. Case example: Hawkins v Bone The action for breach of contract was brought by the vendor of land which was knocked down to the defendant at an action. The defendant purchaser pleaded in defence of his drunkenness but did not allege that the vendor or auctioneer knew of this condition. Pollock C.B., in directing the jury said the plaintiff was entitled to the verdict: “unless the defendant was in the state he describes himself to have been, that is wholly incapable of any reflective or deliberate act, so that, in fact, he was utterly unconscious of the nature of the acts he did, for example, having signed the contract and paid his money”. Case example: McLaughlin v Daily Telegraph Ltd Holds that a power of attorney executed by a person while insane is void even in respect of actions that take place when the grantor has recovered his sanity; the actions that take place under the guise of the power of attorney are of no effect. Likewise, it is of no consequence that third parties act on the foot of the deed. If, however, the power of attorney enables the lunatic and his dependants to benefit from obtaining a supply of necessaries, an account may be ordered in relation thereto even though the power of attorney itself is void. For the deed to be void, however, it must be shown that the signature is a “mere mechanical act” and the mind of the signor must not accompany the act. Case example: Cf. Imperial Loan Co. v. Stone [1892] the rule had in modern times been relaxed, and unsoundness of mind would now be a good defence to an action upon a contract, if it could be shown that the defendant was not of the capacity to contract ‘and the plaintiff knew it. Case example: Seaver v. Phelps which was trover for a promissory note, pledged by the plaintiff while insane, to the defendant, the Court were, on behalf of the latter, requested to charge, that although the plaintiff might have been insane at the time of making the contract, yet that if the defendant were not apprised of that fact, or had no reason, from the conduct of the plaintiff or from any other source 380 was held entitled to a decree of foreclosure. It seems equally clear that he is not liable when the other to suspect it, and did not overreach or impose upon him, or practice any fraud or unfairness, the contract could not be annulled. Case example: Beals v. See. it was held that the administrator of a lunatic could not, in the absence of fraud or knowledge of his state of mind, or such conduct on the part of the lunatic from which his disease might fairly be inferred or suspected, recover back the price of merchandise sold to him, even though it was unsuited to the object for which it was purchased, and above market price.

POSC 111 Columbia College Members of Congress Vote Smart Essay

POSC 111 Columbia College Members of Congress Vote Smart Essay.

Members of CongressDirectionsChoose ONE member of the United States Congress to investigate. It can be your representative to the U.S. House or one of your state’s two senators. If this is an election year and your representative has just lost their seat, do not do that person. Put all information in your own words. Do NOT cut and paste! WebsitesVote SmartThis site contains biographical information, issue positions, voting records and interest group evaluations for each member of Congress.Center for Responsive PoliticsThis site has detailed information on campaign contributions received by candidates in each district and where their money came from.Official Site of the House of RepresentativesAmong other things, this site contains links to individual member homepages.Official Site of the SenateAmong other things, this site contains links to individual member homepages.Use the above websites to answer the following questions about your member of Congress:Go to the Vote Smart website and answer the following questions:Click on “Bio” on the top menu bar of the website. What is the background of your member of Congress (occupation, political party, years served in Congress, legislative committees they serve on)?Click on “Positions” on the top menu bar of the Vote Smart website. Select three issues and describe your member’s position. Use the responses to the Political Courage Test. If they did not take the test, Vote Smart estimates their positions. Share your findings.Click on “Votes”. Describe two votes taken by your member. How do you feel about his or her votes?Click on “Ratings” on the Vote-Smart website. The page is organized by issue with several interest groups listed for each issue. Review several issue categories. Which interest groups did each candidate vote with the most frequently? Give examples of specific groups.Go to the Center for Responsive Politics. Click on Congressional Races under Politicians and Elections. Then choose your state and your member. How much did each candidate (Democrat and Republican) raise in your member’s last race? Who were the major contributors and supporting industries for your member? For both candidates, did most money raised come from individuals, PACS or some other source?Visit your member’s homepage in Congress by visiting the person’s official House or Senate page. What kinds of material are located on each website? What do you think the candidates hope to achieve with their websites? Evaluate each candidate’s site on the basis of content, appearance and user-friendliness.
POSC 111 Columbia College Members of Congress Vote Smart Essay

Leadership & Change – Yinscape & Yangsearch case study – Discussion Board Post (350 words) & 3 Response to 3 posts (250 words each)

Leadership & Change – Yinscape & Yangsearch case study – Discussion Board Post (350 words) & 3 Response to 3 posts (250 words each). I don’t know how to handle this Management question and need guidance.

Review the case Yinscape and Yangsearch (Jick & Peiperl, 2011; attached). As an student you will be required to make key decisions with ambiguities, uncertainties, and unknowns. The case is deliberately presented in a way to provide minimal information regarding the merger and acquisition. As such, the case gives the student a chance to face the challenge of crafting and communicating their own vision of what the company should become in the face of uncertainty.
In light of the current reading for the week, discuss the following:

As the company CEO, how might you envision the direction of the organization in light of the company takeover?
What methods might you use to effectively communicate an appropriate vision for a profitable direction to the organization?
What possible factors or dynamics might be at work which may inhibit or encourage change?
Discuss possible steps to take to initiate effective change within the organization.
Apply Biblical integration to support your response.

Discussion forum are the online component of the class. As such, they are a collaborative team oriented method of learning the course content. As such, each student Will provide a direct response to the discussion board question posted in each forum. Responses are required to be at least 350 words, demonstrates graduate-level competency and critical thinking skill as related to the topic under discussion. Further, a minimum of 3 peer-reviewed articles are required for each initial discussion board response. Also, the student will respond to a minimum of three other learners and each reply will be a minimum of 250 words in length using at least one citations from peer-reviewed literature and one citation from the text book.
Leadership & Change – Yinscape & Yangsearch case study – Discussion Board Post (350 words) & 3 Response to 3 posts (250 words each)