Risks To Tour Operators And Tourism Tourism Essay

Dangers To Tour Operators And Tourism Essay With the accompanying data I have been approached to look at You are a built up Tour Operator offering around the world, long stretch projects that include Africa, The Caribbean, Dubai, The Far East and North America. Each program utilizes an assortment of strategies for transportation, With air being the rule technique. You likewise utilize neighborhood rail and ship associations and mentors are utilized broadly for both visiting and moves. Major mishaps and episodes can happen during the activity of a program. Errand 1 Depict the significant mishaps and episodes that could happen all through the span of the program portrayed previously. Errand 2 Produce a point by point and precise Emergency Plan that can be placed without hesitation to manage any significant mishap as well as crisis. Notes You should deliver one conventional arrangement that is fit for being executed for all circumstances. Try not to deliver separate designs for every one of the mishaps and episodes recognized in Task 1 above. Your arrangement must be thorough and incorporate contact and staffing necessities, notwithstanding the real strategy. Chapter by chapter list Â' Page no. Destinations: I Presentation 1 WHAT IS TOURISM AND TOUR OPERATION 1 Errand 1 3 1.1 Activities in visit bundles. 3 1.2. The travel industry and Transportation 4 1.3.Accidents in the travel industry 5 1.3.1. Mishap Due to Natural marvels 5 1.3.2. Mishap in the Transportation 6 1.3.3.Accidents because of Activities 6 1.3.4.Biological 6 1.3.5.Accident made by man 7 1.3.6.Common Accident 7 1.4.Result of mishap 7 Errand 2 8 2.1.Planning for Accident 8 2.2.Identifying the principle mishap and build up an activity plan for those mishaps 8 2.3.Give vital preparing for staff and data for travelersStaff. 11 2.3.2.Information to Clients 12 2.4. Executing and checking the arrangement 13 Presentation WHAT IS TOURISM AND TOUR OPERATION As per the World Tourism Organization Tourism can characterize as The Activities of people making a trip to and remaining in places outside their standard condition for not more than one back to back year for recreation, business and different purposes The travel industry is the brief development of individuals to goals outside their typical work environments and living arrangement, the exercises attempted during their stay in those goals, and the offices made to take into account their requirements (Mathieson Wall, 1982, p.1) The travel industry has not been characterized generally on the grounds that it is difficult to characterize if the travel industry is an industry and what components make an individual voyaging a vacationer. All travel industry includes travel, yet not all movement is the travel industry (Mill Morrison, 2002, p. 1). What this is stating that you have to head off to some place to be a visitor yet you can head off to some place and not be a traveler, essentially by seeing family. Travel alludes to the demonstration of moving outside of ones normal condition for business or joy The travel industry can partition into 3 fundamental classes. These classes are relying upon the sort of the movement. Residential the travel industry At the point when People travel inside their own nation go under this area Approaching or inbound the travel industry At the point when individuals entering the nation being referred to from the nation of origin, this is a kind of universal the travel industry Outbound the travel industry At the point when individuals travel away from their nation of origin As we examined before there are some principle necessities that a voyager looks for when voyaging happens. Some of them are - Accommodation - Traveling Assistant - Information Assistant So as to help with the movement courses of action, particular travel administrations suppliers comes in to activity. They are called visit administrators, a visit administrator regularly consolidates visit and travel segments to make an occasion bundle for an individual or for gathering of individuals. Once in a while there is disarray over the distinction in elements of visit administrators and trip specialists. Visit administrators are the coordinators and suppliers of bundle holidays.â Whoâ makes contracts with hoteliers, aircrafts and ground transport organizations at that point at long last print leaflets and promote the special seasons that they have gathered. Travl Organization Social Sites Normal Sites Goals Social/Social Occasions Ground Administrators Ground Transport Resturant Transport to/From Goal Accomodation Visit OperatorTravel specialists offer guidance, sell and control the appointments for number of visit administrators. As by definition, visit administrators configuration bundles, keeps up the connection between different gatherings. Buyer The Package occasions offered may cover a wide scope of goals, both national and universal, and can cover an assortment of occasions, for example, travels, experience, visiting, winter and summer goals. Assignment 1 Portray the significant mishaps and occurrences that could happen all through the span of the program depicted previously. Vacationer goal is the most significant part in a visit bundle. This causes visit administrator to pull in traveler for their bundles. Following are some of fundamental vacationer goals visit administrators use to pull in traveler for their visit bundles 1.1 Activities in visit bundles. In view of the sort and the prerequisite of the purchaser visit administrator makes a bundles. On the off chance that the visit bundle depends on experience the travel industry it will primarily comprise of action based visit schedule. These exercises depend on the visitor area they visit. For instance visit bundle in Africa incorporates a safari visit, in Dubai shopping and furthermore safaris in deserts and so forth. Following are some of primary exercises that remember for a visit bundle. These exercises can be change by request of movement gathering. And furthermore it is visit administrators duty to organize these exercises with wellbeing measures. Safari visit Surfing Boating Pony riding Climbing Nature strolls Tourist balloon Helicopter visits Extension hopping Plunging Whale observing Cruising Authentic Places Visit Gathering Events in lodging Shopping Social occasion Vessel Riding Another experience occasions 1.2. The travel industry and Transportation Transportation is the strategy utilizing for make a trip one spot to another. Voyaging is primary piece of any sort of the travel industry. No travel industry occur without considering about transportation. There are four fundamental transportation strategies utilized with regards to travel and the travel industry, they are air, street, ocean and railroad. A large portion of visit administrators utilized after strategies for transportation intensely for their movement game plans. Air :- Aviation This is the most widely recognized technique use for transportation inside the travel industry. This can be partition in two different ways. Universal and residential travel. Visit administrators get this administration through the trip specialists. Ground:- Coaches and Rail These are the two techniques visit administrators used to travel visitor in the ground. Most visit administrators deal with their own mentors administrations with well oversee staff. If not they get the administration from trip specialists. Rely upon the size of the gathering mentors can be shifted. Railroad is mostly overseen by rail organizations. They offer planned support inside the nation of origin. Visit administrators may hold seats for vacationer gathering and utilize this administration. Ocean :- Ships, Ferry This is the vehicle strategy intensely utilized when individuals travel in the water. Ships and Ferries give interface between gathering of islands, or islands and a bigger land mass. Visit administrators get the administration through the voyage or ship administrators for their bundles. 1.3.Accidents in the travel industry A mishap is a particular, startling, unordinary and unintended outer activity which happens in a specific time and spot, with no obvious and conscious reason yet with stamped impacts. It suggests a for the most part negative result which may have been maintained a strategic distance from or forestalled had conditions paving the way to the mishap been perceived, and followed up on, before its occurrence.(Wikipidea ) As depicted above even in the travel industry there is a major chance to occur a mishap during the visit program. Following are some significant mishap that could occur in the travel industry. These mishap can be partitioned in to a few segment rely upon the mishap type and area it occurs. 1.3.1. Mishap Due to Natural wonders Natural wonders cause immense mishap and harms to the travel industry. For instance Tsunami in 2004 December results number of passings in the beach front territory including visitor who were there when it occurred. Following are some of characteristic wonders distinguished the world over Tremors Flood Avalanches Disintegration Fire Tempests 1.3.2. Mishap in the Transportation At the point when visit administrators making bundles as portrayed above they utilize different technique for transportation to travel traveler. Following are a few mishaps that can happen while moving travelers, Air mishaps Ocean mishaps Rail mishaps Street mishaps 1.3.3.Accidents because of Activities As we portrayed in this article voyagers are taking an interest different sort of exercises in the occasion. Because of these exercises voyager can face to these sort of mishaps. Creature Attacks Pool Accident Sea shore mishap Tumbling down Topple Boat 1.3.4.Biological Additionally there can be sure occurrences that a voyager may look with following kinds of mishaps, Transmittable maladies Food cleanliness Sickness 1.3.5.Accident made by man In a goal there can be unexpected pulls in or picketing that an explorer may look in to, some of them are Political Reasons Episode examinations Fear based oppressor assaults Visit administrator goes insolvency 1.3.6.Common Accident Aside from all other after mishap can transpire remembering visitor whenever for anyplace, Meat with a burglary Lost in the manner 1.4.Result of mishap Mishap consistently raises the awful outcome. Following are some of results can happen because of a mishaps in movement bundle. Dead of at least one out of a movement gathering Harmed of at least one of every a movement gathering Excursion Cancellation Gathering stuck in an area Sickness of at least one gathering individuals Postponement from a calendar time E

Growing Old in a New Age Faculty Guide Essay Example for Free

Developing Old in a New Age Faculty Guide Essay Physical you need to balances your body regular, balances everything, ways of life, yet you need to keep adjusts nourishment a decent diabeth, there are apparatuses help you with joint inflammation, blood presser, diabeth, and resting design there way that can help us as we maturing. 2) New data picked up from viewing the video? The most significant it shows me is that is significant hold a day by day a job to a solid life like going to specialist and truth to discuss the progressions of maturing that’s one approach to keep sound. Keep adjusts. 3) Any different remarks you have with respect to the video? Indeed I have thank you I think its great maturing. Aida I. Rivera GRT110 prologue to the investigation of Aging Dr. Jackie Griswold Video response: 2) How our body age Functions, limit senescence are as typical procedure understanding the maturing procedure as ordinary as we maturing in the terms as organic speculations of maturing is a procedure all inclusive all individuals experience the wonder this are a portion of the progressions initially turning gray hair or hanging wrinkle skin stooped shoulders spot moderate strolling rearranging walk. The procedure decay misfortunes must be continuous. The natural wonders are unique in relation to maturing recognize malady to typical maturing the mileage hypothesis cell maturing happens as cells moderate replications, our body tissues are supplanted and recovered at various stages in life taking anyplace from weeks to years to finish the procedure our gins, I realize our beginning and end changes our vision, hearing, smell our patter of dozing, immunological. Like they said in the video, we need to change as we maturing . we have to a speck as we maturing as long we comprehend why we live as long we live the better its get. ) New data picked up from viewing the video? That fulfillment that I can accomplish something for the future maturing and that we can do thing as, we maturing that’s find with me, since I like to keep do. 2) How the encounters of the more seasoned grown-ups in the video influenced your own perspective on maturing? That I can be a superior senior went arrive, it’s influenced no, I love it, I would a companion at that age. 3) Any remarks you have with respect to the video? I for one would suggest the video very comprehends analyzed the whole significant thing you have to know. Aida I. Rivera GRT 110 Introductions to the Study of Aging Dr. Jackie Griswold Video Reaction: 1) Myth s and real factors of Aging 1) Aging isn't what you look like is the way you feel about getting old makes the unique, when you get old things change diaries the manner in which you think and look, a few people that will basic you on how you that you show act you age, they will said nullify things everything is significant what you feel and you look. Future maturing is the means by which you feel about yourself and your disposition of your and through you. In the video they said they feel free and take choices for themselves one said they go about as you believe, you could continue doing, what you were doing before went on the off chance that you are 90 well that diverse you will be shock all you have achieve knowing from where you are and what you have done or came its essential to be sure before there was a pyramid, however there a patterns the job as parent we assume a significant job great connection with the family in very manner and unique, they feel exceptionally glad for their parent the effect time of increased birth rates have the demo arrangements went time of increased birth rates need re 75% ladies will live long than men as the populace raisins as we look to the future maturing not as a dieses, maturing as a fabulous exist. 2) New data picked up from viewing the video? They give me that everything has diverse culture in maturing. The Knowledge and the procedure of very stage and model job. What's more, that religion ass not change through maturing is whites’ individuals and that information will be there. 3) Any different remarks you have with respect to the video? I like the part where the little girl of 95 years is having a glad feast with her mother whose 125 years she was pleased, as we maturing its show signs of improvement. Aida Rivera GRT 110 Introductions to the Study Aging Dr. Jackie Griswold Video Reaction: 4 Loves, Intimacy and Sexuality 1) Many changes happen in the body between the ages of 45 and 60 as 10 and 25. How changes in youthful people groups bodies an impact their conduct change that happen in more seasoned bodies. Most America appears to be fixated on sex and love. The media over stream with sexual picture and inurn does they center solely around youth American mainstream society the infer that the youthful are distracted with adoration and sex the enthusiasm for these issues vanishes when an individual hits middle age some would search for sexual generalizations would take a gander at TV and scarcely observe a more seasoned individual associated with a suggestive, profound cherishing relationship you see youngsters in their 20s and 30s in the event that you take a gander at TV plugs reflect promoters needing to know about how reflect society’s mentalities you barely observe a more seasoned individual in a TV ad in a sensual circumstance or adoring circumstance everything they do on TV everything is making espresso or stress over their false teeth will drop out business it’s nonexistent picture generalizations sex is for youngsters. The exemption the way when more established individuals are appear in funny cast taking part in sex or in relationship obviously the brilliant girl’s more seasoned lady brings explicitly inspired by someone they might be improper for more seasoned lady to in any case be sexual? All you need to do go to these card shop and they will enlighten you regarding your decrease how to manage it compassion cards about your misfortune they being in your 30s more established individuals chuckle at that is as yet hostile to see that something that is significant in life to discover the wellspring of generalizations about welcome card contemporary a few people don’t stop think our way of life sex is for proliferation, the individuals that are protected as fitting for ex they’re individuals of childbearing and ears, individuals who are solid, appealing these bring sexual, they should do explicitly, lead to generation and antagonistic mentalities in our general public about grow n-up masturbation on the grounds that don’t lead to pregnancy parcel individuals think sex is to associated with pregnancy contrary perspectives about lesbians and gay men since what they do couldn’t lead to propagation take a gander at our generalizations, thoughts and qualities about what is proper sex it come down to having socially endorsed pregnancy and that does exclude more seasoned individuals. The contending impacts what’s proper and what’s not the realities remains that more seasoned grown-ups are sexual brings what they do and how they do it is as jumpers the populace itself sex is a progressing thing as we become more established our sexual and regenerative frameworks change ladies and men experience these progressions distinctively the female conceptive framework comprises of the ovaries, the fallopian tubes, the uterus and the vagina a develop lady consistently is ovulating will create and egg if not prepared will discharge the ovary delivers alongside the egg hormones that are required by the female body to regenerative structures in ripe circumstance and these are estrogen and progesterone when a lady ages the eggs inside the ovary became turn and the ovary quits delivering estrogen to proceed with the ordinary cycling typical procedures a grown-up lady anticipates. She will quit bleeding when this condition continues over a year the lady is named menopausal the physiological change related with menopause are influenced by a woman’s estrogen levels very from lady to lady the essential wellspring of estrogen is the ovary yet ladies likewise produce estrogen from their adrenal organs there certain measure of variety individual to individual, the body as it diminishes we find that the uterus decreased, the vagina got drier, the tissues of the vagina got more slender, there change in the bosom, a few changes in the skin, there organ and tissues respond to estrogen and the nonappearance of estrogen changes that follow estrogen swap is endorsed by doctor for menopausal ladies there are advantages and dangers the advantage of taking estrogen substitution treatment is to control the hot flashes 2) How the encounters of the more seasoned grown-ups in the video influenced your own perspective on maturing? 3) Any different remarks you have with resp ect to video? Aida I. Rivera GRT 110 Introductions to the Study of Aging Dr. Jackie Griswold Video Reaction: 7 The social jobs ramifications of that are as colleagues is each imperative in the first place the acknowledgment we’re in a segment upheaval and expressed just at no other time in history of our species have numerous people lived for such a long time that’s the segment foundation the social jobs of ramifications of that are colleagues a large portion of mankind's history we have had jobs which are social places that have rights and obligations and desires related with them has a genuinely away from of youth jobs and them of grown-up jobs like parent and marriage accomplices and monetary jobs we haven’t had are retirement jobs today’s matured are pioneers in time they are making social jobs for an enormous number of people first time in history been old in our soctily mean various things to various individuals, more seasoned individuals have a lot of self-sufficiency when you consider job of a more established individual as a property suspecting is opportun ity and self-sufficiency a great many people who are resigned who propelled their youngsters where truly don’t need to do anything with anyone they don’t need to do anything with they don’t must be with individuals they need to be with nor involve a job they don’t need to possess there’s heaps of decision working there which implies there won’t be explicit jobs you can highlight and state this is the thing that more seasoned individuals are doing . Fellowships are imperative to more established individuals and particularly significant for those with barely any relatives, at some point more seasoned individuals take on substitute family jobs for their neighbors in senio

Harding, Warren Gamaliel

Harding, Warren Gamaliel Harding, Warren Gamaliel g?ma ´le?l [key], 1865â€"1923, 29th President of the United States (1921â€"23), b. Blooming Grove (now Corsica), Ohio. After study (1879â€"82) at Ohio Central College, he moved with his family to Marion, Ohio, where he devoted himself to journalism. He bought the Marion Star, built up the newspaper, and became a member of the small group that dominated local affairs. He entered Ohio Republican politics and was (1899â€"1903) a member of the state legislature. Harding served as lieutenant governor (1904â€"5), but he was defeated (1910) as Republican candidate for governor. His talent for public speaking and his affable personality won Harding the support of the political leaders as well as of the people and enabled him to rise into national politics; he was picked to nominate William Howard Taft at the convention of 1912, and he was elected (1914) to the U.S. Senate. His six-year stay in the Senate was undistinguished, for he followed the party whips on do mestic legislation and Henry Cabot Lodge on issues concerning the peace. In 1920, Harding was nominated for the presidency, largely through the efforts of a group of senators, after successive balloting for Gen. Leonard Wood and Frank O. Lowden had deadlocked the Republican convention. His vague pronouncements on the League of Nations and his noncommittal utterances in the campaign helped him to win the election, defeating the Democratic candidate, James M. Cox , by an impressive majority. The administration that followed was marked by one achievement, the calling of the Washington Conference (see naval conferences ). Harding, conscious of his own limitations, had promised to rely on a cabinet of best minds, but unfortunately he choseâ€"along with more capable advisersâ€"men who lacked any sense of public responsibility. At the time of the legislative deadlock of 1923 came rumors of scandals in the Veterans' Bureau, in the Office of the Alien Property Custodian, and in the departments of the Interior and Justice. In the midst of these rumors, Harding died suddenly (Aug., 1923) in San Francisco on his return from a journey to Alaska. Thus he was not troubled by the exposure of the Teapot Dome scandal and was spared the humiliation of seeing his appointees Secretary of the Interior Albert B. Fall and Attorney General Harry M. Daugherty brought to the bar of justice. Lesser political and personal scandals were also exposed, including revelations of romantic affairs and of an illegitimate daughter (revealed in 1927, confirmed in 2015 by genetic testing), and Harding's administration has been stigmatized as one of the most corrupt in American history. See biographies by S. H. Adams (1939, repr. 1964), F. Russell (1968), L. R. Wade (1989), and J. W. Dean (2004); R. C. Downes, The Rise of Warren Gamaliel Harding (1970); E. P. Trani and D. L. Wilson, The Presidency of Warren G. Harding (1977). The Columbia Electronic Encyclopedia, 6th ed. Cop yright © 2012, Columbia University Press. All rights reserved. See more Encyclopedia articles on: U.S. History: Biographies

How Does Carbon Sequestration Help Curb Global Warming

Carbon sequestration is simply the intake and storage of the element carbon. The most common example in nature is during the photosynthesis process of trees and plants, which store carbon as they absorb carbon dioxide (CO2) during growth. Because they soak up the carbon that would otherwise rise up and trap heat in the atmosphere, trees and plants are important players in efforts to stave off global warming in a process called climate change mitigation. Trees and Plants Absorb Carbon Dioxide and Produce Oxygen Environmentalists cite this natural form of carbon sequestration as a key reason to preserve the world’s forests and other undeveloped lands where vegetation is abundant. And forests do not just absorb and store large quantities of carbon; they also release large quantities of oxygen as a byproduct, leading people to refer to them as the â€Å"lungs of the earth.†Ã‚   Preserving Forests Is Key Strategy to Help Reduce Global Warming According to the Western Canada Wilderness Committee, the billions of trees in the boreal forest of the northern hemisphere that stretch from Russian Siberia across Canada and into Scandinavia absorb vast amounts of carbon as they grow. Likewise, the world’s tropical forests play an important role in naturally sequestering carbon. As such, environmentalists see preserving and adding to the world’s forest canopy as the best natural means for minimizing the impact of global warming caused by the 5.5 billion tons of carbon dioxide generated by factories and automobiles each year. Once a concern mainly about the loss of biodiversity, deforestation suddenly casts a different shadow, Carbon Sequestration Can Help Mitigate Carbon Dioxide Emissions On the technological front, engineers are hard at work developing man-made ways to capture the carbon spewing from coal-fired power plants and industrial smokestacks and sequester it by burying it deep within the Earth or the oceans. Several agencies in the U.S. have  embraced carbon sequestration as a means to mitigate carbon dioxide emissions and are spending millions annually on research and development, hoping that the technology might play an important part in keeping greenhouse gas emissions out of the atmosphere. The U.S. is also funding related research in China in hopes of stemming the tide of Chinese CO2 emissions that are increasing quickly as that nation develops rapidly (China has already surpassed the U.S. as the world’s largest coal consumer). Carbon Sequestration: Quick Fix or Long-Term Solution? The Bush administration refused to sign onto the Kyoto Protocol, an international agreement adopted in Japan in 1997 calling on countries to limit their emissions of greenhouse gases. Instead, many environmentalists feel, they are pursuing carbon sequestration technology as a quick fix or â€Å"Band-Aid† approach that enables them to preserve the existing fossil fuel infrastructure instead of replacing it with clean renewable energy sources or efficiency gains. Essentially the technology involves disposing of carbon dioxide after it is produced, rather than trying to hold down its production in the first place. United Nations’ studies suggest, however, that it might play a bigger role in fighting global warming this century than any other measure. Edited by Frederic Beaudry

Security Risk Management - 1111 Words

Abstract In this paper, it’s have stress on importance of user in participate on information security risk management and its influence in the context of regulatory compliances via a multi-method study at the organizational level. Along with associated outcomes, the types of activities and security controls in which user’s participation as part of Sarbanes – Oxley compliance also understand here. Besides that, research model also been develop in this paper on the finding of the quantitative study and extant user participation theories in the system development literature. While the IS security literature often portrays users as the weak link in security, the current study suggests that users may be an important resource to IS security by†¦show more content†¦A contextual narrative of user participation lays a foundation for a subsequent examination of the effects of participation studied through the lens of three extant user participation theories. This three the ories are The Buy-In Theory, The System Quality Theory and The Emergent Interaction Theory. User participation in SRM was found to raise organizational awareness of security risks and controls within targeted business processes, and facilitated greater alignment of SRM with business objectives, values, and needs. As a result, development and performance of security controls improved. Thus, user participation was found to add value to an organization’s SRM. User participation’s effect was strongest in aligning SRM with the business context. In turn, users became more attentive as business-alignment increased. This finding suggests that users are likely to be more attentive when IS security is something to which they can relate. That is, when SRM becomes part of business processes, and users are assigned hands-on SRM tasks, security becomes more visible and relevant to users. Consequently, user participation may be a mechanism for managing user perceptions on the importance of security. Accountability was found to contribute most to user participation in SRM. One explanation for this finding is that the study context wasShow MoreRelatedSecurity Risks And Risk Management1267 Words   |  6 PagesEHEALTH SECURITY RISK MANAGEMENT Abstract Protecting the data related to health sector, business organizations, information technology, etc. is highly essential as they are subject to various threats and hazards periodically. In order to provide security, the information has to adapt to certain risk analysis and management techniques which has to be done dynamically with the changes in environment. 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Contract Act 1872 Free Essays

string(34) " not constitute a valid contract\." Legal Aspects Of Business – Indian Contracts Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law. CitationAct No. 9 of 1872 Enacted byParliament of India Date enacted25 April 1872 Date commenced1 September 1872 The law relating to contracts in India is contained in Indian Contract Act, 1872. We will write a custom essay sample on Contract Act 1872 or any similar topic only for you Order Now The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All States of India except the State of Jammu Kashmir. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties in India. History The Indian Contract Act came into force on 1 September 1872. It Was Enacted Mainly With a View To ensure Reasonable Fulfillment of Expectation Created By the promises of the parties and also enforcement of obligations prescribed by an agreement between the parties. The Third Law commission of British India formed in 1861 under the stewardship of chairman Sir John Romilly, with initial members as Sir Edward Ryan, R. Lowe, J. M. Macleod, Sir W. Erle (succeeded by Sir. W. M. James) and Justice Wills (succeeded by J. Henderson), had presented the report on contract law for India as Draft Contract Law (1866). The Draft Law was enacted as The Act 9 of 1872 on 25 April 1872 and the Indian Contract Act, 1872 came into force with effect from 1 September 1872. Before the enactment of the Indian Contract Act, 1872, there was no codified law for contract in India. In the Presidency Towns of Madras, Bombay and Calcutta law relating to contract was dealt with the Charter granted in 1726 by King George I to the East India Company. Thereafter in 1781, in the Presidency Towns, Act of Settlement passed by the British Government came into force. Act of Settlement required the Supreme Court of India that questions of inheritance and succession and all matters of contract and dealing between party and party should be determined in case of Hindu as per Hindu law and in case of Muslim as per Muslim law and when parties to a suit belonged to different persuasions, then the law of the defendant was to apply. In outside Presidency Towns matters with regard to contract was mainly dealt with English Contract Laws; the principle of justice, equity and good conscience was followed. Development The Act as enacted originally had 266 Sections, it had wide scope and included. General Principles of Law of Contract::::::::: 1 to 75 Contract relating to Sale of Goods::::::::::::76 to 129 Special kinds of Contracts (includes indemnity, guarantee, bailment pledge:::::::::::::::::125 to 238 Contracts relating to Partnership::::::::::::239 to 266 Indian Contract Act embodied the simple and elementary rules relating to Sale of goods and partnership. The developments of modern business world found the provisions contained in the Indian Contract Act inadequate to deal with the new regulations or give effect to the new principles. Subsequently the provisions relating to the sale of goods and partnership contained in the Indian Contract Act were repealed respectively in the year 1930 and 1932 and new enactm ents namely Sale of Goods and Movables Act 1930 and Indian Partnership act 1932 were re-enacted. At present the Indian Contract Act includes: General Principles of Law of Contract:::::: 1 to 75 Special kinds of Contracts (includes indemnity, guarantee, bailment pledge::::::::::::::::::::::::::125 to 238 Definition Section 2(h) of the Act defines the term contract as â€Å"any agreement enforceable by law†. There are two essentials of this act, agreement and enforceability. Section 2(e) defines agreement as â€Å"every promise and every set of promises, forming the consideration for each other. † Again Section 2(b) defines promise in these words: â€Å"when the person to whom the proposal is made signifies his assent there to, the proposal is aid to be accepted. Proposal when accepted, becomes a promise. † And other words Say Agreement is Sum of all contract are agreement, but all agreement are not contract.. ?CONTRACT=AGREEMENT+ENFORCEABLE BY LAW( LAW) Essential Elements of a Valid Contract According to Section 10, â€Å"All agreements are contracts, if they are made by the free consent of the partie s, competent to contract, for a lawful consideration with a lawful object, and not hereby expressly to be void. † Essential Elements of a Valid Contract are: 1. Proper offer and proper acceptance. there must be an agreement based on a lawful offer made by person to another and lawful acceptance of that offer made by the latter. section 3 to 9 of the contract act, 1872 lay down the rules for making valid acceptance 2. Lawful consideration: An agreement to form a valid contract should be supported by consideration. Consideration means â€Å"something in return† (quid pro quo). It can be cash, kind, an act or abstinence. It can be past, present or future. However, consideration should be real and lawful. 3. Competent to contract or capacity: In order to make a valid contract the parties to it must be competent to be contracted. According to section 11 of the Contract Act, a person is considered to be competent to contract if he satisfies the following criterion: The person has reached the age of maturity. The person is of sound mind. The person is not disqualified from contracting by any law. 4. Free Consent: To constitute a valid contract there must be free and genuine consent of the parties to the contract. It should not be obtained by misrepresentation, fraud, coercion, undue influence or mistake. . Lawful Object and Agreement: The object of the agreement must not be illegal or unlawful. 6. Agreement not declared void or illegal: Agreements which have been expressly declared void or illegal by law are not enforceable at law; hence they do not constitute a valid contract. You read "Contract Act 1872" in category "Papers" 7. Intention To Create Legal Relationships:- when the two partie s enter in to an agreement,there must be intention to create a legal relationship between them †¦ if there is no such intention on the part of the parties .. there is no contract between them .. greements of a social or domestic nature do not contemplate legal relationship;as such they are not contracts. 8. Certainty, Possibility Of Performance 9. Legal Formalities 10. By surety Types of contracts On the basis of validity: 1. Valid contract: An agreement which has all the essential elements of a contract is called a valid contract. A valid contract can be enforced by law. 2. Void contract[Section 2(g)]: A void contract is a contract which ceases to be enforceable by law. A contract when originally entered into may be valid and binding on the parties. It may subsequently become void. There are many judgments which have stated that where any crime has been converted into a â€Å"Source of Profit† or if any act to be done under any contract is opposed to â€Å"Public Polic y† under any contract—than that contract itself cannot be enforced under the law- 3. Voidable contract[Section 2(i)]: An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of other or others, is a voidable contract. If the essential element of free consent is missing in a contract, the law confers right on the aggrieved party either to reject the contract or to accept it. However, the contract continues to be good and enforceable unless it is repudiated by the aggrieved party. 4. Illegal contract: A contract is illegal if it is forbidden by law; or is of such nature that, if permitted, would defeat the provisions of any law or is fraudulent; or involves or implies injury to a person or property of another, or court regards it as immoral or opposed to public policy. These agreements are punishable by law. These are void-ab-initio. â€Å"All illegal agreements are void agreements but all void agreements are not illegal. † 5. Unenforceable contract: Where a contract is good in substance but because of some technical defect cannot be enforced by law is called unenforceable contract. These contracts are neither void nor voidable. On the basis of formation: 1. Express contract: Where the terms of the contract are expressly agreed upon in words (written or spoken) at the time of formation, the contract is said to be express contract. 2. Implied contract: An implied contract is one which is inferred from the acts or conduct of the parties or from the circumstances of the cases. Where a proposal or acceptance is made otherwise than in words, promise is said to be implied. 3. Quasi contract: A quasi contract is created by law. Thus, quasi contracts are strictly not contracts as there is no intention of parties to enter into a contract. It is legal obligation which is imposed on a party who is required to perform it. A quasi contract is based on the principle that a person shall not be allowed to enrich himself at the expense of another. On the basis of performance: 1. Executed contract: An executed contract is one in which both the parties have performed their respective obligation. . Executory contract: An executory contract is one where one or both the parties to the contract have still to perform their obligations in future. Thus, a contract which is partially performed or wholly unperformed is termed as executory contract. 3. Unilateral contract: A unilateral contract is one in which only one party has to perform his obligation at the time of the formatio n of the contract, the other party having fulfilled his obligation at the time of the contract or before the contract comes into existence. 4. Bilateral contract: A bilateral contract is one in which the obligation on both the parties to the contract is outstanding at the time of the formation of the contract. Bilateral contracts are also known as contracts with executory consideration. Offer Proposal is defined under section 2(a) of the Indian contract Act, 1872 as â€Å"when one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal/offer†. Thus, for a valid offer,the party making it must express his willingness to do or not to do something. But mere expression of willingness does not constitute an offer. An offer should be made to obtain the assent of the other. The offer should be communicated to the offeree and it should not contain a term the non compliance of which would amount to acceptance. Classification of Offer 1. General Offer: Which is made to public in general. 2. Special Offer: Which is made to a definite person. 3. Cross Offer: Exchange of identical offer in ignorance of each other. 4. Counter Offer: Modification and Variation of Original offer. 5. Standing, Open or Continuing Offer: Which is open for a specific period of time. The offer must be distinguished from an invitation to offer. Invitation to offer â€Å"An invitation to offer† is only a circulation of an invitation to make an offer, it is an attempt to induce offers and precedes a definite offer. Acceptance of an invitation to an offer does not result in formation of a contract and only an offer emerges in the process of negotiation. A statement made by a person who does not intend to bound by it but, intends to further act, is an invitation to offer. Acceptance According to Section 2(b), â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. Rules: 1. Acceptance must be absolute and unqualified. 2. Communicated to offeror. 3. Acceptance must be in the mode prescribed. 4. Acceptance must be given within a reasonable time before the offer lapses. 5. Acceptance by the way of conduct. 6. Mere silence is no acceptance. Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L. R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be founded, unless there is a duty to make some statement or to do some act 7. ffree and offerer must be consent Lawful consideration According to Section 2(d), Consideration is defined as: â€Å"When at the desire of the promisor, the promisee has done or abstained from doing, or does or abstains from doing, or promises to do or abstain something, such an act or abstinence or promise is called consideration for the promise. â€Å"Consideration† means to do something in return. In short, Consideration means quid pro quo i. e. something in return. An agreement must be supported by a lawful consideration on both sides. The consideration or object of an agreement is lawful, unless and until it is: forbidden by law, or s of such nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the court regards it as immoral, or opposed to public policy. consideration may take in any form-money,goods, services, a promise to marry, a promise to forbear etc. Contract Opposed to Public Policy can be Repudiated by the Court of law even if that contract is beneficial for all of the parties to the contract- What considerations and objects are lawful and what not-Newar Marble Industries Pvt. Ltd. Vs. Rajasthan State Electricity Board, Jaipur, 1993 Cr. L. J. 1191 at 1197, 1198 [Raj. ]- Agreement of which object or consideration was opposed to public policy, unlawful and void- – What better and what more can be an admission of the fact that the consideration or object of the compounding agreement was abstention by the board from criminally prosecuting the petitioner-company from offence under Section 39 of the act and that the Board has converted the crime into a source of profit or benefit to itself. This consideration or object is clearly opposed to public policy and hence the compounding agreement is unlawful and void under Section 23 of the Act. It is unenforceable as against the Petitioner-Company. Competent to contract Section 11 of The Indian Contract Act specifies that every person is competent to contract provided: 1. He should not be a minor i. e. an individual who has not attained the age of majority i. e. 18 years. 2. He should be of sound mind while making a contract. A person with unsound mind cannot make a contract. 3. He is not a person who has been personally disqualified by law. 4. not pardanashin women. Free Consent According to Section 14, † two or more persons are said to be consented when they agree upon the same thing in the same sense (Consensus-ad-idem). A consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Elements Vitiating free Consent 1. Coercion (Section 15): â€Å"Coercion† is the committing, or threatening to commit, any act forbidden by the Indian Penal Code under(45,1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. . Undue influence (Section 16): â€Å"Where a person who is in a position to dominate the will of another enters into a contract with him and the transaction appears on the face of it, or on the evidence, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in the position to dominate the will of the other. † 3. Fraud (Section 17): â€Å"Fraud† means and includes any act or concealment of material fact or misrepresentation made knowingly by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract. 4. Misrepresentation (Section 18): † causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement†. 5. Mistake of fact (Section 20): â€Å"Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void†. Performance Of Contracts The promise under a contract can be performed, as the circumstances may permit, by the promisor himself, or by his agent or his legal representative. 1. Promisor himself: â€Å"The contracts which involve the exercise of personal skill must be performed by the promisor himself. 2. Agent: â€Å"Where personal skill is not required, the promisor may appoint his agent to perform it. . Representatives: â€Å"On the death of the promisor, the legal heirs of the promisor must perform the contract unless a contrary intention appears in the contract. (section 37) 4. Third persons: â€Å"When a promisee accepts performance from a third person, he cannot afterwards enforce it against promisor†. 5. Joint promisors: â€Å"When two or more persons have made a joint promise, all such pers ons must jointly fulfil the promise, unless a contrary intention appears from it†. Agency In law, the relationship that exists when one person or party (the principal) engages another (the agent) to act for him, e. g. to do his work, to sell his goods, to manage his business. The law of agency thus governs the legal relationship in which the agent deals with a third party on behalf of the principal. The competent agent is legally capable of acting for this principal vis-a-vis the third party. Hence, the process of concluding a contract through an agent involves a twofold relationship. On the one hand, the law of agency is concerned with the external business relations of an economic unit and with the powers of the various representatives to affect the legal position of the principal. On the other hand, it rules the internal relationship between principal and agent as well, thereby imposing certain duties on the representative (diligence, accounting, good faith, etc. ). Under section 201 to 210 an agency may come to an end in a variety of ways: (i) By the principal revoking the agency – However, principal cannot revoke an agency coupled with interest to the prejudice of such interest. Such Agency is coupled with interest. An agency is coupled with interest when the agent himself has an interest in the subject-matter of the agency, e. g. , where the goods are consigned by an upcountry constituent to a commission agent for sale, with poor to recoup himself from the sale proceeds, the advances made by him to the principal against the security of the goods; in such a case, the principal cannot revoke the agent’s authority till the goods are actually sold, nor is the agency terminated by death or insanity. Illustrations to section 201) (ii) By the agent renouncing the business of agency; (iii) By the business of agency being completed; (iv) By the principal being adjudicated insolvent (Section 201 of The Indian Contract Act. 1872) The principal also cannot revoke the agent’s authority after it has been partly exercised, so as to bind the principal (Section 204), though he can always do so, before such authority has been so exercised (Sec 203). Further, as per section 205, if the agency is for a fixed period, the principal cannot terminate the agency before the time expired, except for sufficient cause. If he does, he is liable to compensate the agent for the loss caused to him thereby. The same rules apply where the agent, renounces an agency for a fixed period. Notice in this connection that want of skill continuous disobedience of lawful orders, and rude or insulting behavior has been held to be sufficient cause for dismissal of an agent. Further, reasonable notice has to be given by one party to the other; otherwise, damage resulting from want of such notice, will have to be paid (Section 206). As per section 207, the revocation or renunciation of an agency may be made expressly or impliedly by conduct. The termination does not take effect as regards the agent, till it becomes known to him and as regards third party, till the termination is known to them (Section 208). When an agent’s authority is terminated, it operates as a termination of subagent also. (Section 210) How to cite Contract Act 1872, Papers

Charles Schwab Essay Research Paper Mission To free essay sample

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