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Wednesday, 4 July 2018

July 04, 2018 0
Web Development Project Proposal Version 1.0 Submitted to: American Down Prepared by: VREJ SANATI Date: Jun 30, 2018 It is great opportunity for me to submit a proposal for running potential project. This is Vrej Sanati, having 11 years solid experience on the sector of on building and maintaining of enterprise websites that ensure to gain over millions dollar in fiscal year revenues. I stared to use DreamWay Media from 2009 and the impact of growing our company is large rate and great rate. Our small group of team is consisted of web related activities such as developers, designers, project developers, theme developers where everyone has devoted to work with passion and gets the benefits of teamwork where dedication ensures the best websites. For this reason, we are the blessing of the best customer and reached the project successfully. We are devoted to work and give our best effort to make sure the customer success avoiding the anxious and tension to start a website. We also ensure the customer and promise to them until the success and help to customer success by side staying the competitive online and website. Please consider to our primary proposal draft and notice the activities that are essential for your needs. This proposal draft is not final and this can be developed and added as per your requirement to meet the exact things. It will be great for me to stay with you and understanding all of your requirements and suggestion for adjusting the proposal based on your needs and desire. Again, it is great opportunity for me to have the opportunity. All of us also want to appreciate your business. Kindest Regards, Vrej Sanati vrej@dreamwaymedia.com (818) 396-7220   Portfolio: http://www.dreamwaymedia.com/portfolio/ References: Reference Name: Cesar Barillas Contact Number: (310) 422-8925 Project: http://www.musclepharm.us/ Project: http://munchkin.com/ Project: https://www.grassfed.com/ Reference Name: Richard Murad Contact number: (212) 333-3939 Project: http://beachcitybaseballacademy.com/ Project: http://www.murad.com/ Project: http://ranchogrande.com/ Reference Name: Vic San Contact Number: (818) 588-8412 Project: Newera Vanity Identity Design Project: http://thisiswhatiwant.com/ Project Pricing Details & Tasks Breakdown In Person Discovery Meeting & Consultation - On Demand Latest Version of WordPress/Woocommerce Installation & configuration Payment Gateway Extension Installation & Configuration Styling & Front End * Woocommerce premium theme Installation & Integration * Branding & Typography Staging Environment Set up for testing and development. * Dev * Stage * Production Initial Website Content Management * Initial Product Category & Attributes * Media & Images * CMS Pages * PLP Pages * Blog Posts 3rd Party Plugins Installation & Configuration *All the essential plugins for running a successful ecommerce operation ▪ Essential SEO Plugins - All in one SEO Yoast ▪ Essential Security Plugins ▪ Essential E-commerce Plugins -Woo commerce & all the needed sub plugins -Bulk Variation Forms -Products Filter -Wholesale Suite Bundle for Woocommerce ▪ Performance - Site speed ▪ CMS Plugins - ▪ Payment Processing -Payment Gateway -AUTOMATE TAX RATE CALCULATION - AvaTax -Sipping ▪ Essential Marketing Plugins - Email Capture - Email Newsletters - Google AdWords - Google Analytics ▪ Utility Plugins - Back Up Plugin - ▪ All other required plugins from client to ensure successful operation and success. Advanced Vision Control and Deployment System ● Using GitHub Code Version Control, We ensure code quality and efficient code base maintenance will be integrated. QA (Quality Assurance) ● Automated end to end website testing. ● Full regression testing. ● Functionality testing. Cross browser/platform testing ● Mac/PC ● Chrome ● Firefox ● Safari ● IE (10 and above) ● iPhone (6 and above) ● Android (Samsung Galaxy) ● iPad & iPad Pro Deployment/Go Live ● Modern Deployment & Versioning System (GitHub) ● Security Enforcement/Test ● Tracking scripts integration ● Full site Backup ● Set to production mode & deploy static content ● Performance Enhancement (code merging and minifying) ● Page Speed Test ● UAT (User acceptance test) Warranty ● Lifetime Security Warrantee - We will fix your site if it ever gets hacked or crashed due to our mistake for no cost. Support ● 2 hours in person hands on training on Woocommerce product & content management - on demand ● Fixing any bugs or issues may have been caused from my end for 6 months after the website launch. ● Free upgrade to the latest versions and security patches. ● Support e-commerce team on any day to day problems with website operation. ● Server/domain administration and configuration that requires technical communication with the hosting company such as phone, email and follow up on tickets. 25% of the total cost will be collected as deposit, 50% will be collected when the development is done and the rest will be collected after project's final approval prior to go live. Timeframe: 4 to 6 weeks after the project kick start. Total Cost

Sunday, 19 November 2017

Tritio Chokh (তৃতীয় চোখ) | Social Awareness | Bangla Short Film 2017 |...

November 19, 2017 0
আমরা সমাজে বসবাস করি। সমাজ থেকে আমরা অনেক কিছু ভোগ করি। কিন্তু আমরা কি কখনো ভেবেছি আমি, হ্যা পার্সোনালি আমি কতটুকু করছি সমাজের জন্য। আমার অবদান কি সমাজের জন্য।

নিজের কাছে যদি নিজেই জিজ্ঞাসা করি তবে কি উত্তর পাবো?

মনে হয় পাবো না।

হ্যা, হয়ত আমরা একদিন পারবো দেশের মানুসের জন্য কিছু করতে কিন্তু কবে সেটা?

আমাদের এখন যে সামার্থ আছে তা দিয়ে আমরা কি কখনো করেছি একটি বার চেষ্টা?

আমি নিজেকে জাতীর কাছে দায়বদ্ধ মনে করি। আমরা যে যেখানেই আছে আমাদের ক্ষুদ্র ক্ষুদ্র প্রচেষ্টা হয়ত হতে পারে অনেক বড় অবদান সমাজের জন্য।

আমরা একটাই বুঝি Give & Take. আমরা কোন ঘটনাকেই ভিন্ন ভাবে চিন্তা করতে চাই না। এর জন্য দরকার একটা তৃতীয় চোখ যা আমদের বিবেককে জাগ্রত করবে।

এই ধারনা নিয়েই তৈরি করেছে Short Flim যা আসলে মন ছুয়ে যাবার মত। আমরা কি পারি না সুবিধা বঞ্চিত বাচ্চাদের একটু সযোগিতা করতে ?

https://www.youtube.com/watch?v=8-wi8NIJRSA












Friday, 6 October 2017

অবৈধ পথে ফেসবুক ব্যবহার বন্ধ করার জন্য জুকার্বাগের কাছে আবেদন | Use Face...

October 06, 2017 0
মার্ক জুকারবার্গের কাছে কচুমুদ্দিন খানের আবেদন। অবৈধ পথে ফেসবুক ব্যবহার বন্ধ করেছল সরকার।

কারিগরি সীমাবদ্ধতা এবং অর্থনৈতিক দিক বিবেচনায় বিদেশে যোগাযোগের জন্য সামাজিক যোগাযোগ মাধ্যম ফেসবুক বন্ধ না করার পক্ষে মতামত দিয়েছে বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ কমিশন (বিটিআরসি)।



শিক্ষার্থীদের ক্ষতি এড়াতে মধ্যরাতে ফেসবুক বন্ধের উদ্যোগের বিষয়ে মন্ত্রিপরিষদ বিভাগের প্রশ্নের উত্তরে একথা জানিয়েছে নিয়ন্ত্রক সংস্থা। মন্ত্রিপরিষদ বিভাগ থেকে পাঠানো চিঠি ডাক ও টেলিযোগাযোগ বিভাগে যাওয়ার পর এ বিষয়ে মতামতের জন্য বিটিআরসিতে পাঠানো হয়েছিলো।



সোমবার (০৩ এপ্রিল) টেলিযোগাযোগ বিভাগের সচিবের কাছে পাঠানো চিঠিতে বিটিআরসি বলেছে, কারিগরি দিক থেকে কেবলমাত্র ছাত্রছাত্রীদের জন্য ফেসবুক বন্ধ করা সম্ভব নয়, কারণ ফেসবুক অ্যাকাউন্টে বয়স নিশ্চিত করার কোনো কার্যকরী ব্যবস্থা এখন পর্য‌ন্ত নেই।



ফেসবুক বন্ধ করা হলেও প্রক্সি সার্ভার দিয়ে চালানোর সুযোগ থাকার বিষয়টি উল্লেখ করে বিটিআরসি বলছে, ফেসবুক বন্ধ করা হলেও ইন্টারনেটের অন্যসব যোগাযোগ মাধ্যমেও একই কাজ চালিয়ে যাওয়া সম্ভব। গত ২৭ মার্চ মন্ত্রিপরিষদ বিভাগের চিঠিতে রাত ১২টা থেকে সকাল ৬টা পর্যন্ত ফেসবুক বন্ধ রাখার উদ্যোগের কথা জানানো হয়েছিলো।



বিটিআরসি বলছে, বাংলাদেশ থেকে ইউরোপ-আমেরিকায় যোগাযোগের জন্য রাতের সময়টি বেশি ব্যবহার হয়। এ সুযোগ বন্ধ না করার পক্ষে মত দেয় নিয়ন্ত্রক সংস্থা।



ফেসবুকের মাধ্যমে অর্থনৈতিক বিষয়টি গুরুত্ব দিয়ে বিটিআরসি জানায়, ফেসবুক শুধু একটি সামাজিক যোগাযোগ মাধ্যম হিসেবেই ব্যবহৃত হচ্ছে না, সাধারণ জনগণ বিশেষ করে নারীরা অনলাইনে ব্যবসা করে অর্থ উপাজন করছে।



এদিকে, বিটিআরসি সচিব মো. সরওয়ার আলম রাতে বাংলানিউজকে বলেন, নানা কারণে ফেসবুক বন্ধ করা সম্ভব না। ফেসবুক বন্ধের বিকল্প হিসেবে কয়েক দফা সুপারিশসহ আমাদের মতামত ডাক ও টেলিযোগাযোগ বিভাগকে জানিয়ে দিয়েছি।



State minister for the ministry of Post and Telecommunications Tarana Halim said that the popular social networking site Facebook will not be blocked in Bangladesh.



She came up with the comment while talking to reporters at the secretariat on Tuesday (April 4).



Regarding the hearsay that Facebook is going to be closed from 12am to 6am each day, she said there is no question of blocking Facebook and it will not be closed for even a single hour.



Recently, the cabinet asked the ministry of post and telecommunication that whether they could keep Facebook off from 12am-6am on a daily basis, for the betterment of   youth education.



Later, it triggered huge outrage among internet users in the country.

Collected From: Facebook

https://youtu.be/We8AD3_HkiM

Wednesday, 4 October 2017

Property Law

October 04, 2017 0
Property Law

Property Law



Image result for Property Law











Contents

Introduction. 1
Property Law.. 1
Personal Property Law.. 2
Real Property Law.. 2
The 1925 property legislation. 3
Land Registration Act 2002. 3
Limitation of the Law.. 6
Conclusion. 6
Reference(s) 7

























Introduction

Property is the item or thing owned with the rights of possession, use, and enjoyment, and which the owner can bestow, collateralize, encumber, mortgage, sell, or transfer, and can exclude everyone else from it. There are two basic kinds of property. Those are (1) Real Property means land and (2) Personal Property means anything other than real property which does not involve geographical fixity. Law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Property law is such type of law which regulates various forms of ownership and tenure in real property and personal property.
Property law deals with both Real Property and Personal Property. In England, property law contains four main topics. Those are Real property law, Trusts law, personal law and intellectual property law. In this assessment, I try to find out the law of property in England and Wales, and understand the concepts of ownership and proprietary rights in land covered.

Property Law

Property law is the principles, policies, and rules by which arguments over property are to be resolved and by which property transactions may be structured. What distinguishes property law from other kinds of law is that property law deals with the relationships between and among members of a society with respect to “things.” The things may be tangible, such as land or a factory or a diamond ring, or they may be intangible, such as stocks and bonds or a bank account. Property law, then, deals with the allocation, use, and transfer of wealth and the objects of wealth (Britannica, 2014). The English legal system has never been codified, although there are a number of very large statutes consolidating aspects of property law, such as the Law of Property Act 1925 and the Trustee Act 1925. The subject continues to have an important basis in case law so that these statutes so not themselves essentially define property. The Law of Property Act 1925 s1(1) classifies types of property in a way that departs from the Roman Law distinctions between real and personal property (Law of Property Act, 1925).

Personal Property Law

Personal property represents goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go. A tangible item is an item that can be felt or touched such as furniture, equipment, vehicles and goods. An intangible item is simply an item that can't be felt or touched such as Stocks, Bonds, Intellectual property and Money. In England real property is supposed to be superior in dignity to personal property, which was originally of little importance from a legal point of view. As a preliminary point, successive government reports have endorsed the idea of reforming the English law of personal property security along the lines of Article 9 of the United States Uniform Commercial Code (UCC) which was first introduced in 1952 and whose influence has since spread to the common law jurisdictions of Canada, Australia, Singapore and New Zealand (McCormack, 2004).

Real Property Law

Real  property  has  a  technical  meaning  derived  from  the  old  law  of  succession,  which became obsolete in England (as opposed to  Ireland) in 1925.  Real property included freehold  land  but  excluded  leasehold  land  so  that  the  two  forms  of  ownership  were  formerly treated  differently  on  death  but,  since  1925,  all  property  (moveable  and  immoveable)  has been subject to a single  assimilated law of succession (Law of Property Act, 1925).
Identification of real property is Such a description usually makes use of natural or manmade boundaries such as seacoasts, rivers, streams, the crests of ridges, lakeshores, highways, roads, and railroad tracks, and/or purpose-built markers such as cairns, surveyor's posts, fences, official government surveying marks, and so forth.
Comparison between real and personal property in England: Personal property is not matter to various incidents of real property, such as rent, dower or escheat. On the death of the owner intestate real property descends to the heir; personal property is divided according to the Statute of Distributions. Real property as a general rule must be transferred by deed; personal property does not need so solemn a mode of transfer. Contracts relating to real property must be in writing by the Statute of Frauds and contracts relating to personal property need only be in writing when it is expressly so provided by statute, as, for instance, in the cases falling under section 17 of the Statute (Education Portal, 2014).

The 1925 property legislation

The  Law  of  Property  Act  1925  is  the  most  enduring  element  of  the  Birkenhead  legislation  of  1925.    It  deals  with  estates,  trusts,  co-ownership  of  land,  contracts  and  conveyances,  formalities,  leases  and  tenancies  in  outline,  and  burdens  such  as  mortgages,  easements  and  covenants,  and  also  important  definitions. The Trustee Act 1925 (heavily amended in 2000) regulates the powers and duties of trustees, though really a thin layer of statute on a large encrustation of cases. The  Settled  Land  Act  1925  which  dealt  with  landed  estates  is  largely obsolete. Registration  was  placed  on  a  firmer  footing  in  1925  with  the  Land  Charges  Act 1925  (now  as  re-enacted  in  1972)  regulating  the  registration  of  burdens  against  titles which  are  unregistered  and  the  Land  Registration  Act  1925  providing  for  registration  of titles  to  land  itself; this  last  has  recently  been  comprehensively  restated  in  the  Land  Registration  Act  2002 (Leasehold reform act,  1967). There  has  been  much  piecemeal  amendment  of  the  statute  book  –the book we use with students lists 61 Acts in pure land law, ignoring that is the numerous statutes  on  landlord  and  tenant,  and  these  are  supplemented  by  innumerable  statutory  instruments.  The  two  key  texts  are  the  Law  of  Property  Act  1925  and  the  Land  Registration Act 2002.
Legal and equitable principles: A  legal  interest  must  (a)  comply  with  the  rules  for  legal  interests  and  (b)  be  created using the correct formalities.  I will take the example of an easement.  Legal easements must exist  in  perpetuity  or  for  a  term  of  years  (say  10  or  999  years).  An easement for A’s life must be equitable.  If it is for a permissible duration e.g. for 99 years it will be legal if created by  the  correct  formality  that  is  by  deed,  though  prescriptive  easements  are  also  legal.

Land Registration Act 2002

Registered Land Principles: The Land Registration Act 2002 contains provisions that render the mirror principle, as applied to land registration, wanting. These provisions refer to proprietary rights that the law allows to exist unrecorded and which can only be known through actual ocular inspection of the land. These provisions are contained in ss. 11(4) (b), 12(4) (c), Schedule 1, s 29(1)-(2(a) (i-ii), and Schedule 3. In addition, there are other interests that are not required to be registered outside of the law that can override registration, and all these can be lumped together as minor interests (Law teacher, 2014). Short leases, under Schedule 1 of the Land Registration Act 2002, is granted an overriding interest over first registration if the term granted is not more than seven years subject to certain exceptions under ss. 4(d), (e) and (f). This is nevertheless, an improvement over the previous Land Registration Act 1925, which granted overriding interest for 21 year leases (Law teacher, 2014).
Registration of unregistered land process discusses in Land Registration Act 2002 section 3 and 4. Effect of non-compliance cited in section 6-8. Classes of title listed Absolute, Qualified, Possessory and Leasehold in section 9-10.
Dealing in Registered Land: For the purposes of section 105 of the Law of Property Act 1925 (c. 20) (mortgagee's duties in relation to application of proceeds of sale), in its application to the proceeds of sale of registered land, a person shall be taken to have notice of anything in the register immediately before the disposition on sale (Land Registration Act, 2002). Dispositions must be registered in order to take effect at law s.27 (2). It includes Transfers, freeholds and leaseholds, Grants of leases, reservations of easements and legal charges.
Check the register interests protected by notices in ss.33-39. Excluded interests: trust interests and non-registered short leases (three years or less); s.33 and the Effect of notices; s.32 (3), Restrictions and their effect; ss.40-47(Land Registration Act, 2002).
Leasehold Estates and Licences: An owner of land will hold the land freehold or leasehold. These are the only two legal estates permitted in modern land law. According to Law of Property Act 1925 Section 1(1): The only estates in land which are capable of subsisting or of being conveyed or created at law are – (a) An estate in fee simple absolute in possession;    (b) A term of years absolute. A leasehold estate in land granted for a term not exceeding seven years from the date of the grant, except for—  (a) A lease the grant of which falls within section 4(1)(d), (e) or (f);
(b) A lease the grant of which constitutes a registered disposition (Land Registration Act, 1925).
According to Law of Property Act 1925, section 205(1) (xxvii). There is a feudal relationship between landlord and tenant which says the freeholder and the leaseholder. The tenant usually renders a service to the landlord for the giving of possession of the land to the tenant – feudally this was called rent service, but commonly called rent (Faculty of Law, 2014).
Landlord and Tenant (Covenants) Act 1995 (c. 30) is amended as follows. In sections 3(6) and 15(5) (b), for “Land Registration Act 1925”there is substituted “Land Registration Act 2002”. In section 20, in subsection (2), for the words from “rules” to the end there is substituted “land registration rules under the Land Registration Act 2002”. In that section, in subsection (6)- (a) There is substituted  “capable of falling within paragraph 2 of Schedule 1 or 3 to the Land Registration  Act 2002” (b) Caution under the Land Registration Act 1925 (Land Registration Act, 2002).
Enforcement  against  a  dwelling  is  likely  to  take  at  least  six  months  and  could  become impossible if the court suspends possession. The  onset  of  insolvency  will  make  no  difference  to  a  fixed  charge,  since  the  land  is excluded  from  the  insolvent’s  estate  to  the  extent to  the  loan  and  the lender  can  sell  without involving  the  trustee  in  bankruptcy  or  liquidator. Some corporate  regimes  may  involve  a moratorium  on  enforcement  procedures,  but  this  will  not  prevent  enforcement  of  a  fixed charge (Sparkes, 2014).
Trusts of land: The  Trusts  of  Land  and  Appointment  of  Trustees  Act  1996  created  a  single  simple  vehicle for  holding  land  in  trust.    It  replaces  the  system  of  trusts  for  sale  used  between  1925  and 1996. In  essence  trusts  are  now  simple  trusts,  that  is  without  any  special  convincing device other than a power of sale. These are a bare trust, a former strict settlement and a trust for sale. All  three  now  operate  in  the  same  way,  the  bare  trust  being  usual. This vehicle is used in three main ways: a settlement on successive generations, co-ownership and management trusts e.g. trusts following death, minority, or for managing charitable land (TLATA, 1996). The  form  of  the  questionnaire  does  not  make  adequate  provision  for  a  discussion  of  co-ownership. No  doubt  this  is  not  a  great  issue  in  civilian  systems, but  it  is  central  to English  land  law  since  the  1925  legislation  imposes  a  statutory  trust  in  all  cases  of  co-ownership,  formerly  a  trust  for  sale  and  now  a  trust  of  land.
Transfer of the mortgage: The debtor has set up a mortgage/land charge to the benefit of bank 1 to secure a loan granted to him. An  entire  portfolio  of  mortgages  to  be  transferred  is  all bank  1’s  business  transferred  to  bank  2,  it  is  relatively  rare  for  individual  mortgages  to  be transferred and it is extremely unusual  for property  to be sold subject to an existing mortgage.

Limitation of the Law

It appears that English law does not sever a mortgage into the real security and the personal obligation. Dicey & Morris state that “In the conflict of law the distinction between the interest in the land and the personal obligation is not normally made for the purposes of sit us, and the asset is regarded (Dicey & Morris, 2000).” Thus the interest of the lender is seen as realty for conflicts purpose  even  though  English  law  sees  it  as  personal  property.    There  are  conflicting  cases  in  many  common  law  jurisdictions  but  it  seems  that  this  law  is  settled  in  England.
There are not believed to be any restrictions. It is not usual to have loan agreement, but rather a non-binding offer of a loan followed by a formal mortgage document and if there is a contract in the strict sense the effect is to create an equitable mortgage.

Conclusion

The complexity of the law pertaining to personal property security law in England and Wales has over the years occasioned a pressing need for reform, and the enactment of the Article 9 model embodied in the PPS legislation is timely. If Article 9-type reforms were enacted in England and Wales, it would bring greater organization and consistency to the law of personal property security interests.  Against that is the practical concern that a transaction carried out outside the UK may involve the creation of security over UK assets but, because lawyers in the UK are not involved in the transaction, it may not be apparent to the parties that registration is required. And there is also a great deal of uncertainty about where assets (particularly intangible assets) are situated. It is also the case that a person dealing with a company knows where it is incorporated and can conduct such searches as it requires in the place of incorporation. If its place of incorporation does not have a system for registration of charges, it will need to conduct searches in a different way, but it is difficult to justify the UK legislating for perceived imperfections in the registration requirements of other jurisdictions.

Reference(s)


Britannica Property Law, 2014. Property Law [Online]. (Updated August 2014) Available at: http://www.britannica.com/EBchecked/topic/479032/property-law/[Accessed 30 Dec 2014]

Blackstone, W., 1975. Commentaries on the Laws of England II. Oxford: Clarendon Press. P.16.

McCormack, G., 2004. Secured Credit under English & American Law. Cambridge: Cambridge University Press, P. 71.

Legislation, 2014. Law of Property Act 1925 Part I Section 1 (c.20) [Online]. (Updated 2014) Available at: http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/1 [Accessed 30 Dec 2014]

Education Portal, 2014. Comparison between Real & Personal Property [Online]. (Updated 2014) Available at: http://education-portal.com/academy/lesson/real-property-and-personal-property-definition-and-differences.html[Accessed 30 Dec 2014]

Legislation, 2014. Leasehold Reform Act 1967 [Online]. (Updated 2014) Available at: www.legislation.gov.uk/ukpga/1967/88/contents[Accessed 29 Dec 2014]

Law Teacher, 2014. The law essay professional [Online]. (Updated 2014) Available at: http://www.lawteacher.net/land-law/essays/mirror-principle-and-the-land-act.php [Accessed 31 Dec 2014]

Land Registry, 2014. Land Registry Practice Guide 15[pdf]. Available at: <http://www1.landregistry.gov.uk/assets/library/documents/lrpg015.pdf>[Accessed 31 Dec 2014]

Land Registry, 2014. Land Registry Practice Guide 25[pdf]. Available at <http://www1.landregistry.gov.uk/assets/library/documents/lrpg025.pdf>[Accessed 30 Dec 2014]

Legislation, 2002. Land Registration Act [Online]. (Updated 2014) Available at: www.legislation.gov.uk/ukpga/2002/9/contents/[Accessed 30 Dec 2014]

Faculty of Law, 2014. Land Economy Tripos Paper 8[doc]. Available through: University of Cambridge website <www.law.cam.ac.uk/faculty-resources/10013811.docx>[Accessed 30 Dec 2014]

Legislation, 2014. Land Registration Act 2002 c. 9 [Online]. (Updated 2014) Available at: www.legislation.gov.uk/ukpga/2002/9/contents/[Accessed 30 Dec 2014]

Sparkes, P., 2014. Property Law. Subject Sections Secretary of the Society of Legal Scholars, University of Southampton.

Legislation, 2014. Trusts of Land and Appointment of Trustees Act (TLATA) 1996 [Online]. (Updated 2014) Available at: www.legislation.gov.uk/ukpga/1996/47/contents [Accessed 29 Dec 2014]

Dicey & Morris, 2000. The Conflict of Laws. 13th edition by Collins, L. J., Sweet & Maxwell, para [22-35].

Monday, 2 October 2017

Legal Aspects of Business

October 02, 2017 0
Legal Aspects of Business

Legal Aspects of Business



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Contents

Introduction 1
Law and Law of agency 1
Types of Law 1
Commercial Law 2
Theories 3
History of the statement 4
Positive of the Statement 5
Negative of the Statement 7
Decisions regarding the statement 9
Conclusion 10
Reference(s) 11


Introduction

Agency law is considered as important part of commercial law of the UK and all rules and regulation of the authority has ensured in the laws. Business it is very significant to look at the legal aspects which will affect the company in the future. In this part of the information file there will be the most important legal aspects for running a company. First there is the selection of business form, in which there will be a comparison between the different possible forms. Afterwards a description of how the company will work with contracts and partners. And finally there is an explanation of the typical legal aspects such as profit tax and dividend. Watteau v Fenwick has mentioned a difficult type of explanation.



Law and Law of agency

Law is a system of rules, usually imposed through a set of institutions. It forms politics, economics and society in various ways and serves as the foremost social mediator in relations between people. The law of agency is the concept of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Commercial law is called business law that applies to the relations, rights, businesses engaged in commerce and conduct of persons and trade and sales (Sealy & Hooley, 2003).

Types of Law

Law governs a wide variety of social activities. Actually there are 3 types of law. Those are
Contract or Commercial law: It regulates everything from buying a bus ticket to trading on derivatives markets.
Property law: It defines rights and obligations related to the transfer and title of personal and real property.
Criminal law: It offers means by which the state can prosecute the perpetrator.

Commercial Law

If P (the principal) instructs A (the agent) to act in the purchase or sale of goods from or to T (the third party seller), the contract of sale that arises is enforceable between P and T. In general, A has no liability to either P or T on that contract. There are three parties, P, A and T, and three relationships.
1.      The relationship between P and A
2.      The relationship between A and T
3.      The relationship between P and T
It may be difficult to determine for whom A is acting – A’s function in bringing together the consumer and the vendor can make it hard to choose which party appointed A. A may assume personal liability to T, although this is unusual. A may be an organization and so itself act through an agent in its dealing with T, and both P and T may act with A through agents.  For example we can say that P’s employee appoints A to conclude the deal with T, who also deals with A through its own agent. One party may be simultaneously agent and principal. In a contract of sale on credit, S (seller) reserved title in the goods (in essence, S retained ownership of the goods) and required B (buyer) to account to S for the proceeds of any resale of those goods. This meant that on resale B was an agent for S and under an obligation to account for the resale proceeds, but B was also a principal in relation to the contract of sale to the new buyer. It is important to recognize that the appointment of an agent does not preclude the principal from acting though it cannot act other or from appointing another agent, unless the agency agreement stipulates to the contrary. An agent who acts outside the authority granted by the principal will be in breach of the contract by which the agent was appointed (Sealy & Hooley, 2003).
If the 3rd party knows the limits of the agent’s actual authority, there is no difficulty and the apparent authority will be the same as the actual authority of the agent. However, usually the 3rd party will not distinguish the terms of selection of the agent and must depend on the apparent authority. Where, on the other hand, someone represents to the third party that they have the authority to act as an agent for another person, there is neither actual authority (the ‘agent’ has not been appointed by the ‘principal’) nor apparent authority (the ‘principal’ has not represented to the third party that the ‘agent’ has authority). In this situation the ‘principal’ is not bound and the third party is left only with an action against the ‘agent’ for breach of warranty (that is, breach of the promise by the ‘agent’ of authority to act for the ‘principal’). However, in this situation, the principal may decide to adopt the transaction – in other words, to ratify the action of the ‘agent’ and by doing so establish a contractual relationship between the principal and the third party (Philip, 2011).

Theories

There are mainly three theories that seek to describe and explain agency: power-liability theory, consent theory and qualified consent theory.
Power-liability theory: The power-liability theory says that an agency exists when a person (the agent) acquires the power to alter the principal’s legal relations with a third party so that only the principal (and not the agent) can sue or be sued by that third party. The problem with this definition is that it focuses on the external relationship with the third party – that is, the relationship between the principal and the third party, which has been enabled by the agent (Philip, 2011).
Consent theory: This deals with the criticism of the power-liability theory by focusing on the fiduciary duty owed by an agent to a principal. Since someone will not become a fiduciary unless they have the ability to affect the legal rights and obligations of another person, this definition stresses the need for the ‘agent’ to have functions that are more than merely ministerial (Philip, 2011).
Qualified consent theory: This approach is discussed by McMeel. It combines the consent theory with the protection of ‘misplaced reliance’ to account for actual and apparent authority.

History of the statement

The decision in Watteau v Fenwick [1893] has proved troublesome. Although it has almost no impact on the courts’ approach to matters of agency law, it is worth discussing because it provides an opportunity to consider certain distinctions in agency law. Various questions surround this case of which the most important is: was there an agency and, if not, why was the ‘principal’ liable? Reading the case for the first time, one might be surprised at the fuss: the reader would be forgiven for thinking this is clearly a case on agency, not least because that is what the court believed.
In outline, in this case X, who owned a hotel, appointed Y as manager. Y was expressly forbidden from buying any goods other than mineral water and bottles of beer. Y had previously owned the hotel and his name remained above the door as the licensee. Y ordered cigars from W, who believed he was the owner of the hotel. X was held liable for the price of the cigars. It might be argued that W did not think Y was an agent; he believed Y to be the principal, so if W had not been allowed to enforce the contract against X, W would have lost nothing because he was unaware of X’s existence. Against this it might be said that X’s action in allowing his agent, Y, to represent himself as the principal placed W in a weakened position. W had every reason to suppose that Y was the principal and this misconception was facilitated by X.
In the case, Wills J based his conclusion on usual authority, that is, on the implied authority of an agent who is appointed to a particular role by the principal or represented by the principal as occupying that role. But this leaps over the main question as to whether an agency exists – consideration of the scope of implied authority is relevant only if it is established that an agency exists. Leaving that aside, W did not know that H was an agent and so could not make assumptions about his authority. W believed that H was the principal, not an agent, and so made assumptions as to the implied authority of H. Might it be a decision on apparent authority? Again, the answer must be no because F made no representation to W that H was acting as F’s agent (nor did H): W believed H was acting as principal in the transaction. Similarly, the principal cannot ratify the transaction (this is where P adopts an unauthorized transaction: see 2.7) because it is essential to the doctrine of ratification that the third party is told that the ‘agent’ is acting as such. H did not tell W that he was an agent and, in any event, it seems hard to argue that F adopted the transaction. The other possibility is the doctrine of undisclosed agency/principal (where the existence of the agency is not disclosed to the third party at the time of the transaction), but that requires the agent to have entered the transaction with the actual authority of the principal (Kinahan & Cov, 1911).

Positive of the Statement

The decision of Watteau v Fenwick faces various position of the different point of views. The decision in Watteau v Fenwick is difficult to explain or defend but it has few positive impacts.  In spite of having trouble and difficultness, it is not evitable in the scope of decision making. The case discourses the liability of an undisclosed principal.
The principal will be bound where it validly ratifies a transaction entered into by someone purporting either to act as its agent when that person has not previously been appointed as such, or by someone purporting to possess authority beyond that granted by the principal. This is not apparent authority because the agent represents their own authority, and it does not seem to fall within Watteau v Fenwick because there the agency was not made apparent. At the time of the relevant act, the agent must have intended to action behalf of the principal. This intention is gathered from the terms of any contract and surrounding circumstances (Oilwell v Off shore, 1993).
The purported agency must be revealed to the third party before the transaction is concluded. There can be no ratification where A makes the contract as principal. In this case, the justification is, according to Lord Macnaghten, that ‘civil obligations are not to be created by, or founded upon, undisclosed intentions’. The identity of the principal need not be disclosed, ‘but there must be such a description of him as shall amount to a reasonable designation of the person intended to be bound by the contract (Keighley, Maxsted & Cov 1901).
The third party must believe that the person with whom they are dealing has authority to act for another. If, for example, the agent tells the third party that the agreement is subject to ratification, any action by the principal will not bring it within the doctrine of ratification because, in effect, the agent is saying there will be no contract until the principal has approved it. In such circumstances the principal’s ‘approval/ratification’ may, however, amount to an acceptance of the third party’s offer so that the contract comes into existence at that point and does not date back to the time of the original agreement.
The principal must be competent to enter the contract at the time of the original act by the agent. Did the principal have capacity to contract given that the ratification dates back to the time of that original act? For instance, did the company have authority under its constitution to do this act?(Sealy & Hooley, 2003).
The principal must also be competent at the time of ratification. For example, an enemy alien cannot ratify, even if at the time of the contract P was not an enemy alien (contracts with an enemy alien – someone who is resident in a country with which this country is at war – are void for illegality). Since ratification relates back to the moment of the original act, there is an argument for looking solely at whether the principal was competent at that time, but, of course, a principal who lacks competence (such as a company that has been wound up or a person who has lost mental capacity or an enemy alien) would not be able to signify ratification.
The law of Inherent agent power indicates provide the support for the actions. The actions of the agent were unknown to the principle and the principle of the hotel had paid the payment. The decisions of the organization clearly provide the surety of the success. It is very common that Inherent agent power indicates inspire the liability to the authority to the principle organization and ensures successful action (Boyer, Hiriart and Martimort, 2006).
Partnership act of the UK of 1890 has strong support in the decisions of the court. Actually the partnership comes from agents’ ship.  Both parties of the contract sign the contract and had come a common goal to ensure the success of their hotel business. In this case, Humble took some decisions for the development of the business organization. In this case, the person faced some problems in term of the payment of the credit of the business (Boyer, Hiriart and Martimort, 2006).
Watteau had the authority of getting the right on money from the principle authority because of the dormant partnership act. Here the Humble is considered as a dormant partner of the agreement and Fenwick would take the responsibility of the dormant partner. In the partnership act of 1890 of UK, active partner of the business takes the responsibility of the inactive partners and Humble is considered on that class of the business organization (Busch and Macgregor, 2009).

Negative of the Statement

The decision in Watteau v Fenwick is tough to explain or defend. It does not fit into any of the well-defined types of agency and the general disinclination of the English courts to apply the decision or even to refer to it might suggest that it is to be treated either as an difference or as wrong.
This case has been criticized since it was decided. It is believed the decision was per incuriam because it failed to take into account earlier cases which had similar facts, yet were decided in the alternative. Miles v McIlwraith decided that an undisclosed principal cannot be liable for acts of his agent, who has acted beyond their authority. This view is supported by Montrose (1939) who states the “…decision was the result of  unsound  reasoning,  the  errors  in  which  involved  a  misstatement  of  the  existing law (Case Comment1893).
Collier (1985) believes that it is controversy and puzzlement surrounds the decision. it  is  believes  that the decision was based on apparent authority and it is submitted that this is incorrect because for apparent authority to  be applicable the principal needs to be disclosed and in the Watteau case the principal was  unknown.  Many  academics  are  opposed to the  decision  for, primarily,  bad reasoning  in  the  actual  decision. It is believed that, following established company law principles, Wills J got partnership law wrong.
Actual express authority of agent law had direct link within the trail of this case of Watteau v Fenwick. According to the actual express authority, principle of the contract will clear all connected activities of the agent and agent cannot take decisions without permission of the main agent. General rule of an agent is only permitted to indemnity from the principal if he or she has acted within the scope of her actual authority, and may be in breach of contract, and liable to a third party for breach of the implied warranty of authority (Pennington, Feldman and Meisel, 2006). In the case of Watteau v Fenwick, Humble had taken the business decisions where the main agent of the organization had provided a clear instruction regarding the power of the Humble but the decisions of Humble was not within his site (Casebriefs, 2014). Commonly, the rules of usual authority will not smartly apply in this section because the issues of the credit purchase had already mentioned.  The necessity of cigars for the hotel business defiantly needed by approving by the principle but Humble has not paid attention to inform the authority in actual reasons of the actions.  Humble had presented the logic of the commercial necessity but it definitely needed to inform the actual authority of the business organization.
According to some judge, the decisions was plaintiff and fallacious in overall consideration of the decisions. Here the consideration firstly comes from the agent law of the country and it will not supported by those rules and there not right of the Humble to take the decisions without knowing the final authority of the organization. Partnership act had provided a clear statement that the partner cannot make any decisions without informing the main authority of the organization (Pennington, Feldman and Meisel, 2006). Here the word fallacious was actually correct for the decisions of the judge in this case. Moreover English commercial law provides clear issues in term of the action of the agent and the partners. In consideration of those issues, the legality of the actions a next indemnity o the top authority regarding the contract was totally illogical for the principle organization (Legislation, 2014).
Commercial agreement provides a clear point of view regarding the action of the business organization. All parties of the contract have legal bound to ensure their duties and responsibilities of the parties (Casebriefs, 2014). Unless there is very clear contrary evidence, the presumption will not be rebutted. Here both parties of the Watteau v Fenwick case had completed a commercial agreement and the decisions of the credit purchase had already removed from the agent (Pennington, Feldman and Meisel, 2006).  According to the common laws agreement of the contract, parties cannot make any decisions in term of the binding of the mother organization but Humble had done that and the central authority will not responsible for the actions of the Humble. Wills J had provided decisions to pay the Watteau for the trail money and Humble had authority to avoid the rules of the agent ship. Watteau v Fenwick case was a clear view that the principle is not anymore responsible for the action of the agent but Wills J had provided decisions in side of the Humble. In this consecration, the decisions of the authority are highly controversial and cannot be a good example for the future trail as well as academic activities of the process (Agency.uslegal, 2014).
Watteau v Fenwick raises problems for both classic agency doctrines and everyday notions of fairness. There is no actual authority, either express or implicit, for the agent to order the cigars, because he was expressly instructed not to order them. There is no apparent authority, because the principal did nothing to convey the idea that the manager was acting as an agent. The plaintiff might be estopped from denying that Humble was his agent, since Humble was put in a position to so act, but estoppel would only permit recovery of the cost of the goods to the seller, not their price. Ratification does not apply. All that remains is "inherent agency power": the ability of the manager, based on his employment by the principal, to harm third parties by making contracts (Rasmusen, 2001).
The undisclosed principal problem arises when an agent makes an agreement with a third party who does not realize that the agent is acting as an agent rather than on his own behalf. The question then arises of whether the third party has a legal claim against the principal as well as against the agent.  Watteau v. Fenwick is a particularly dramatic example because the agent acted against the express wishes of the principal, but the problem exists even if the agent is obedient, as in Illustration (Rasmusen, 2001).

Decisions regarding the statement

Watteau v Fenwick case of 1893 was very controversial for the authority to take any decisions. After considering so many issues of the commercial law of UK, Wills J had concluded decisions for actions (TheFreeDictionary, 2014). The judge considered the decision on behalf of Watteau and Fenwick will pay the money of the trail. The judge has provided some rational statement regarding the case. Basically inherent authority, usual law rules, dormant partnership and undisclosed agent rules assisted the author for his actions. According to the decisions of those sections, Mother Organizations are mainly responsible for the action of the agent.  Here another issue came in mind that Humble had bought cigars for the business development. In the common rules of the agency rules, an agent can take logical decisions for the business development. Though the activities of agent were for the business purpose, decisions will go on the business side (Legislation, 2014).
On the opposite hand, there square measure some robust logical that the path was extremely polemical and therefore the dedications has completed the action that had no legal authority for the actions. Humble had resections and his actions was confided to the contract. Any credit purchase call concerning the business undoubtedly won't positive for the enterprise. During this case, agency law, business agreement and connected others actions has prime thought. Many judge had conclude different negative statement regarding the trail (TheFreeDictionary, 2014).
In all discussion, we can say that Watteau v Fenwick case is logical and become anti-logical by falling in a situation. The decisions of the judge regarding the Watteau v Fenwick case we logical on those situation. Actually the judge had not alternative and 100% correct formation of action regarding this case (O'Reilly, 2007). A clear call was terribly tough concerning the case and therefore the selections was correct. Within the statement of the Author has thought-about some negative side of the path however the case had created it as a path of that reality. In future thought of the path, the problems of the agency rules rebelliously makes clearer. Truly there was a lot of purpose that has created the actions additional complicated for the business (O'Reilly, 2007).

Conclusion

The case addresses the liability of an undisclosed principal. Humble was totally unaware regarding the information of the main authority. Watteau the sellers of the cigars had gone to court and won the case. Basically, Commercial law of the UK had provided many different sections and those sections were unable made clear curt decisions. But Wills J had provided the decisions for the payment to Fenwick. Fenwick lot in trail but some important factors of the law had missed on those trail. Basically the event provided distinctive management position that cannot elucidate selections concerning the problems. Essentially the court has thought-about Humble as a dormant partner of the contract. I thought of the dormant partner of the business, others partners of the business can complete the liability of the dormant partners. Fenwick was active partner of the contract and therefore the responsibility visited him to pay all liability. At a similar time, liability of the principle supports the selections of the organization in term of the selections creating.



Reference(s)


Agency.uslegal.com, (2014). Authority of Agents - Agency. [online] Available at: http://agency.uslegal.com/authority-of-agents/ [Accessed 27 Dec. 2014].
Boyer, M., Hiriart, Y. and Martimort, D. (2006). Frontiers in the economics of environmental regulation and liability. Aldershot, Hampshire, England: Ashgate.
Busch, D. and Macgregor, L. (2009). The unauthorised agent. Cambridge, UK: Cambridge University Press.
Case Comment[1893] LawQuaterley Review111 inwhich it was stated: “We do not feel clear that the Watteau v Fenwick ’93 1 QB 346 is right.” See also Recent Cases1893/4 HarvardLaw Review,page 49/50.
Casebriefs.com, (2014). Watteau v. Fenwick | Casebriefs. [online] Available at: http://www.casebriefs.com/blog/law/corporations/corporations-keyed-to-klein/agency/watteau-v-fenwick/ [Accessed 22 Dec. 2014].
Collier, J.G Authority of an Agent – Watteauv Fenwick revisited(1985) CambridgeLawJournal 363
Eric Rasmusen 2001, Agency Law and Contract Formation.  Harvard Law School Cambridge, The Center for Law, Economics, and Business is supported by a grant from the John M. Olin Foundation.
Keighley. Maxsted & Durant, C., (1901).  UK Encyclopedia of Law [online]. Available at: http://legaldictionary.lawin.org/keighley-maxsted-co-v-durant/ [Accessed 27 Dec. 2014].
Legislation.gov.uk, (2014). Partnership Act 1890. [online] Available at: http://www.legislation.gov.uk/ukpga/Vict/53-54/39/section/36 [Accessed 27 Dec. 2014].
O'Reilly, J. (2007). Administrative rulemaking. [St. Paul, Minn.]: Thomson/West.
Pennington, R., Feldman, D. and Meisel, F. (2006). Corporate and commercial law. London: Lloyd's of London Press.
Rawlings, P. (2011). Commercial Law at the Centre for Commercial Law Studies.   University of London International Programs, London, UK. P.18-25
Sealy, L. S. & Hooley, R. J. A. (2003). Commercial Law: Text, Cases & Materials. 3rd Edition, Oxford University Press.
Tettenborn, A. (1998) Agents, business owners and estoppel: Watteau v Fenwick, 1893.  The Cambridge Law Journal. 57(2) P. 274-283.
TheFreeDictionary.com, (2014). undisclosed principal. [online] Available at: http://legal-dictionary.thefreedictionary.com/undisclosed+principal [Accessed 25 Dec. 2014].



Sunday, 1 October 2017

Developing Personal and Professional Skills

October 01, 2017 0
Developing Personal and Professional Skills


Title: Developing Personal and Professional Skills

Image result for Developing Personal and Professional Skills

Table of Contents


Task One: 1
a) Self-management Learning: 1
Benefits of Self-managed Learning to Individuals and Organization: 1
b) Honey and Mumford Learning Styles: 2
c) My Preferred Learning Style: 3
Task Two: 3
a) Developing My Personal SWOT Analysis: 3
b) Personal Skills Audit: 4
c) Role of My Key Strengths in My Future Job: 5
Barriers from My Weaknesses: 6
Addressing My Weaknesses: 6
Task Three: 7
a) My Personal and Career Plans: 7
Skills Required for my Preferred Career: 7
b) SMART Objectives: 7
c) Personal Development Plan: 8
d) Critical Analysis of my Own Learning: 8
Task Four: Memo to the Manager: 9
Apology Email to the Customer for inadequate service: 10
References: 13







Task One:

 

a)     Self-management Learning:

Self-managed learning, as the term indicates, means individuals managing their own learning. Self-managed learners identify their own learning needs and control the contents, processes and pace of their own learning (Mumford & Gold, 2004). It allows them to explore their learning needs within the available resources. They evaluate and assess their own learning.

Benefits of Self-managed Learning to Individuals and Organization:


1.      Self-managed learning concept allows managers to work on ongoing issues, problems and opportunities inherent to their particular position and to their employing organization that helps them to learn the organizational blueprint (Cunningham et. el. 2000).
2.      It offers managers to explore windows of opportunities and take significant risks in order to enrich their cognizance.
3.      Since self-managed learning is integrated with a job in an organizational ambience, a lot of job gets done in the process of learning.
4.      It allows managers the flexibility to review their own progress and change directions.
5.      It allows managers to learn their own learning process. As a result they become capable of learning new things and develop

Personal and professional developments are encouraging the lifelong learning process. Both of those helps for development, improving, apprising and affecting an individual’s skills and interests to confirm their full adaptability and effectiveness. Those qualities make an individual professional who is fit for an organization. It is about collecting their knowledge in order that they will tolerate to constrain a place in the structures of today’s organizations as well. Personal and professional development makes me as an effective planer to creating an organizational aims and objectives where want to attain. Personal and professional development can also compose to keep up-to-date mainly in IT and technical areas, nonstop learning, gaining satisfaction, structure up transferable services and positioning to enhance job opportunities as they arise. It is a common question where from we achieved and the remedy of increasing of personal development. By attaining various training session we can increaser our knowledge, skill and proficiency. To improve self-management skills, employers often organize special self-assessment training. Usually such kind of training sessions is accompanied by the HR department (Jasper, 2006).








b)     Honey and Mumford Learning Styles:

Peter Honey and Alan Mumford developed learning styles based on the work of Kolb (1984). They developed four learning styles: Activist, Theorist, Pragmatist and Reflector. Honey and Mumford suggested that people naturally prefer these four learning styles. A brief presentation of the four learning styles is given below:
1.      Activist: Activists learn from relatively short here-and-now tasks (Mumford and Gold, 2004). Activists learn by jumping into the job with both of their feet. They get their hands dirty. They usual activities include brainstorming, problem solving, role playing, group discussion etc. This style offers the opportunities of interactive learning, working in a group and communicating with real people.
2.      Theorist: The authors found that these learners understand the theory behind the actions. Theorists develop models and stories, analyze statistics and back ground information, and apply theories in the real work. This model helps learners to concentrate on the concepts and theories while discussing and debating to finalize the opportunities.
3.      Pragmatist: A pragmatist needs to be able to see their learning into practice. He needs to see a way to put the ideas into action in the real working environment. Their activities include pondering how to apply learning in reality, developing case studies and solving problems by discussing. This is a problem based learning style that offers the opportunity of interactive learning.
4.      Reflector: A reflector learns by observing and thinking about the happenings around them. Honey and Mumford (2006) said that “Reflectors like to stand back to ponder experiences and observe them from many different perspectives.”

From Honey and Alan Mumford learning styles we are informed about four types of learning style which are significant. It is difficult to choose one because every single is verbose. But I prefer to Activist. By considering in its specific style and art i am enjoy working in teams. I like to learn new skills and desire to have something new think about. Positive of this style for my experience are Flexible, open minded, showing to new situations and optimistic about whatever new and therefore unlikely to resist change. But there is no unmixed blessing in the world. It has also contains few limitation according to my view. Those are to take the immediately clear action without thinking, to take needless risks and taking action without sufficient preparation.

c)     My Preferred Learning Style:

After studying the Honey and Mumford style thoroughly, I think that I am one of the Activists, since I like to do the job first hand without reading the about it. I like to play the role as a group member to solve the problem. I like to brainstorm to understand how the process works. It is impossible for me learn how to ride a horse without actually riding one in the first step.





 



Task Two:


a)     Developing My Personal SWOT Analysis:

SWOT is a strategic tool to identify the Strengths, Weaknesses, Opportunities and Threats. SWOT can be used to evaluate a project or to find out the strategic position of a firm. Besides, it can be used to find out one’s personal compatibility. However, self-analysis is one of the most complicated jobs to do. If it is done in a proper way, it will play a significant role to personal progress.

SWOT Analysis
My Strengths:
1.      I am a quick Lerner and able to multitask.
2.      Compulsive to my job challenges
3.      Personal Distinctiveness (Strong work ethics, Hardworking, Punctual, Creative, Optimistic, Energetic)
4.      Ability to be a team leader as well as a team player
5.      Good Presenter with strong communication skills
6.      Ability to work in a cross-cultural team environment
My Weaknesses:
1.      Compulsiveness sometimes generates considerable work stress of multiple jobs.
2.      Impatient (For example: I become angry to people who do not understand.)
3.      I do not handle time pressure and deadlines very well.
4.      My strong feeling to get things done and off my list can cause poor deliberation.
My Opportunities:
1.      To engage others to give feedback about how they experienced my personality.
2.      To learn from others in my similar job role.
3.      My communications skills and presentation can help to develop a good network of people.

My Threats:
1.      Time pressure can move me from self-improvement.
2.      My impatience can reflect myself from a good team environment.
3.      My ingenuity can conspire against myself.
4.      My confidence can prevent me from looking into details.

b)     Personal Skills Audit:

When evaluating my present skills and the capabilities are based on my learning knowledge and the personal life experience. My objective is emphasize the whole learning programme in the specific time, and moves the next degree programme. Such kind of learning will be focused to the working organizational objectives in the future.
Considering audit of skills, when I get the knowledge though personal and professional development such as team work, leadership, motivation, communication, commitment which will leader the better working standards joining in the future organization. And it will lead the organizational objective to perform better. Through the study programme also I am getting the personal as well as professional skills, this is specific support my future working environment.


Developing CV, this is my primary section of significant where I have touched in terms of education and skills that are in need of development. It will be my condition for enrolling for the BSc course. Long-term objective, I have set out my plan with the dates viewing what I want to achieve in five year time from now. Considering the theoretical view the SWOT analysis, monitoring frequently personal analysis by annoying to grow the areas where I have realized are my faintness, developing other areas where I originate I have got some occasions (Axner, 1993).
Pointing out development needs can be inspiring in every single. Annual Review is an extreme casual to deliberate development needs with the line manager. It may be talented to measure the varying requirements the role, as well as personal development aspiration. I got own my development thorough read more books, journals, newspapers such as business pages , magazines, articles and other websites which are giving the more development skills for my present and future development too.


c)     Role of My Key Strengths in My Future Job:

In order to climb the corporate ladder very fast, I need to learn critical things fast. Otherwise, I will lag behind. Corporate life is full of challenges. Everyday managers face unanticipated event. They must give solutions to those events. So, my fondness of taking challenge can help me learn a lot. My personal distinctiveness is also required in a management role. While in a decision making role, I must be punctual, optimistic, energetic and vibrant. My strong ability to manage and peruse people can help me to develop strong teams to accomplish project works and assignments.

Now a day, good managers must be a good presenter. He needs to present a lot of things to customers, board members and to other stakeholders. So, I think my strong presentation skill will help me a lot in this context. I like working in cross cultural team environment. I like people from different cast and creed. My long term future goal is to be a unit head or venture head of a large multinational organization. So, I strongly believe that my ability to cope with a cross cultural team environment will give me enough flexibility to manage the business overseas.



Barriers from My Weaknesses:

My compulsiveness can prevent me from achieving my future goals. Compulsiveness must be controlled; otherwise, it would generate significant amount of work stress which may create a disturbance in my personal life. My impatience can repel clients and other people from me. If i am not a good listener, i will never be a good manager. I must develop the skill to make people understand my beliefs in a simple way. I am very much afraid of time pressure. However, in my career path, i will have to take responsibility and perform within a stipulated time frame. So, I need to develop myself in order to manage time efficiently. My strong feeling to pending works can cause poor deliberation. I must learn how to prioritize jobs.

Addressing My Weaknesses:

This is my internal negative factors that will always try to prevent me from achieving objectives. I will have to work relentlessly to improve my weaknesses such as- lack of experience, lack of motivation, fear of public speaking etc., in such a way, so that my they get suppressed. Moreover, in order to overcome my weaknesses, I will take following initiatives:
1.      Have fun in my actions and work to remove stress.
2.      I will try to listen first, and then will try to make people understand my point of view.
3.      Always try to get exposure in project managements and assignments and to prioritize my works to develop time management skills.
4.      Continuously learn, so that whatever I produce becomes a quality work.









Task Three:

a)     My Personal and Career Plans:

I would like to have a career that requires analytical, driven, perceptive, ambitious, and creative people. I want to see myself in a position where I will be able to make decisions and strategies. My personal plan includes visiting my family in my home country and supporting them. I need to support my siblings for higher education and in developing themselves. After that I will confirm my commitment to a long term relationship. I will be then supporting my family situations.

Within the short term, after finishing my Diploma, I would like to work in a small firm to gather some real experience. In the meantime, I would like to enroll myself in an MBA program majoring in finance. I believe that working in a small firm will help me to secure a position where i will get the opportunity to progress and demonstrate my ability. After finishing my MBA within next two to five years, I want to see myself in a senior role. Then, after gathering a lot of experience, I want to be the head of a business unit or venture of any large multinational firm.

Skills Required for my Preferred Career:


Since I want to be a manager of a business organization, I need to have certain skills to be successful in my career. In order to be a manager, I need to have following skills:

1.      Written and oral communication and presentation skill
2.      Time Management
3.      Problem Solving
4.      Teamwork and leadership skills
5.      IT, information and financial skills
6.      Independent Learning skills

b)     SMART Objectives:

SMART objective refers to goals and objectives that need to be specific, measurable, agreed, realistic and time bound.  After finishing my Diploma, I will go back to my home country and start supporting my family members, I will start a job in a small business firm, and I will enroll myself in an MBA program majoring in finance within December, 2016.  After that, I want to see myself in a decision making managerial position within December, 2021.

These objectives are specific, since they clearly state what I expect to achieve and what has to be done. These objectives are measurable, since they include a clear reference of position. These objectives are agreed since my reviewer has ensured that they are relevant and appropriate. These objectives are realistic, since they are challenging yet achievable. My objectives include a time reference and a specific deadline.

c)     Personal Development Plan:

Since I want to see myself in a senior position within the next five years after completion of my diploma, I will need to have some experience of the real working environment that demonstrates responsibilities and challenges. To fill up my experience gap, I will join a small firm. Again my career path requires higher education and financial skills. To enrich myself, I will get enrolled in an MBA program major in Finance. In order to develop teamwork and leadership skills, I will try to gain exposure to company strategy. I will try to provide decisions related to day to day management to lay my foundation to the future goal. I will participate in project management activities. I will take challenge to manage a business unit or to set up a business unit in a new market.

d)     Critical Analysis of my Own Learning:

The aims and the objectives are essential for the personal development and also important factors will achieve the individual organizational concert. The personal skills like problem solving, time management and communication has been considered. Communication is very operative today and shows a significant role in our life. Time management helps to manage time effectively and build on it. So, this will make the aims and the objectives of the development plan (Williamson, 2009).
An objective is a secondary goal. It gives a clear specific target. There are two different objectives that are short term and long term. Short- objectives are made to achieve in 2 years whereas long- term objectives are prepared to achieve in 5 years.
An evaluation should include a critical analysis of what went well and not so well. This should be a collected description that comprises negatives as well as positives. Evaluations can contain advantages and disadvantages. Elements of justification can also be included.
There are a number of feedback areas that would cover within the evaluative descriptions that will add to development plan evaluation, including: what skills have been enhanced and how evidence of what skill levels have been talented and how feedback from mates and line managers feedback from events attended as part of the development activity(Williamson, 2009).
Future personal development plan is that plan which will help in future prospective personally and professionally. Professional forms try to inspire ongoing updating their record for professional and development for the purpose of maintaining registering or professional status that organization prefers to future development. Developing Curriculum vitae (CV), this is my first stage of expressive where I have extended in terms of my education and skills that need to be established more, short-term objective, I have set out my action plan with the dates inspecting what I want to attain in five year time from now.


Task Four: Memo to the Manager:

Dear Sir,

Please accept my sincere apology about the inability of my team to serve the guests properly.

This for your kind information that we have received e-mails from our customers reporting a poor or inadequate service at our premise. One of them reported that he had to wait for fifteen minutes before having the service at the reception. Some of the customer reported that they noticed gossiping and a lack of technical knowledge in the reception staffs.

As part of my investigations I found out some issues that needs immediate attention of the management. One of our reception staff, indeed, has lacking in technical skills. Moreover, I noticed indifference in the service providing. In the past week, the reception was understaffed since one of my experienced staff was sick due to a recent accident while another one was on holiday.

In order to address these issues I have some suggestions. First, we need to hire more employees to meet the service demands of our guests at the pick hour. We need to set up a separate wing that will deal with emails and telephone calls only. We can hire part time employees to run that wing which will minimize our costs. Second, I have given some thought about the service quality of our employees and feel that we need to modify our hiring requirements. We need to raise our experience requirements to attract potential employees with stable work histories. Besides, we can arrange short training programs to enrich the technical knowledge of our existing employees and to tech how to provide the best service at the shortest possible time.

Third, I suggest that we need to set a smart rotation plan to provide customers service relentlessly. While any employees are on sick leave or on holidays, the others need to work overtime to meet the customer demand. Besides, we can set rules that the emails will not be answered at the pick hours. We can set up automated emails response systems that will notify the customer that when their requests will be addressed. We can assign staffs with specific job responsibility. This means assigning a staff with phone answering only.

If we follow the above mentioned suggestions, we can restore the best customer service in the shortest possible time. We should keep in mind that bad customer experiences are deteriorating to the hotel’s reputation. As a result, I am looking forward to your sincere response and authorizing the suggestions to restore best customer service.

Best Regards,

Apology Email to the Customer for inadequate service:


Dear Sir,
Please accept sincere apology from Star-Tel Hotel, London.

Firstly please let me apologize for the service quality during your visit. We want our guests to enjoy their time at the hotel with a dazzling experience. We understand that how frustrating it is to have plans for an elegant visit unexpectedly go awry. As a result, your report of a disturbing service at the reception has become serious concern for the management. Let us express our earnest apologies. You definitely deserve the best service from Star-Tel, especially when you are at our premise. We are questioning our staffs and investigating the situation to take appropriate actions. In order to solve the problem, we are placing additional staffs to serve at the peak hours and we are building a separate unit to answer the e-mails and telephone calls.
However you need not worry as I have honor to offer you a 25% discount on your next booking at Star- Tel. Moreover, we can ensure the best of the best services during your nest visit. Thank you very much for bringing this incident to our knowledge.
Once again our sincere apologies for the trouble this has caused you.
With warm regards

For Star-Tel Hotel

Verus Pereira
Sales Executive



References:


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