Rebellion and Social Norms Among Youth Essay Example for Free

Rebellion and Social Norms Among Youth EssayYoung people have a tendency not to comply with any laws when its come to their wellbeing. Young people always try to express their opinions and restrain from obeying their leaders which some terms lead to a disaster result of their pathetic decisions in life. According to Gary Schwartz book, explain what happens in Sammys mind and what causes the reaction of quitting his job at the end (Schwartz 55). Therefore, the issue of spring chicken people is rebellion against their cordial norms is the central theme of the AP john Updike story. At the beginning of the story, Sammy is fully within his place in society as a whole (Saldana 95).Meaning that he is just an average teenager with an average job in a small town where everyone knows each another(prenominal). At that time, Sammy was a cashier at a supermarket named AP in a small town north of Boston in 1961. There begins Sammys rebellion when the trio of girls enter the supermarket w ith bathing suits on and barefoot. aft(prenominal) the girls enter the Supermarket and passing game in every department to look for the item they need. Lengel the manager of the supermarket approaches the girls and lectures them on what they are wearing on them inside of the supermarket.After the girls walk away, Sammy gets mad and decides to quit his job at this point. Sammy unleashes an impression identity style behavior against Lengel (Schwartz 35). Which mean Sammy rules for the first time in his life that he has to let go his timidity and confront Lengel without thinking of his action to get Queenie attention. The way Lengel undresses the girls with his eyes make Sammy sick to his stomach. That is what triggers Sammys anger to react as if he does not care of what happens to him. As long he receives Queenies attention, its enough for him.Today, young people wear any kind of clothes that suck in peoples attention. Sometimes the way they dress can be very provocative. Even tho ugh Sammy is gloomy at the beginning of the story, he begins to feel his happiness at the end but not the way he has plan it would be for his action. Sammy has gone from being judgmental to a hero Fritz 2 and then he starts regretting his decisions (Saldana 96). He experiences a transformation he knows that life will be harder for him hereafter. That is why an old priest of Haiti said one must(prenominal) never act in conformity with society and should be willing to take risks.Meaning a wrong move at any time can make the society reject you. Social class structures have a significant role in this story and can be viewed as one of the norms that Sammy is rebelling against (Schwartz 45). Perhaps in Lengel mind, he thinks that they come from a low class family that does not teach them how to act in public. When Lengel makes it his business to reprimand Queenie and the other girls, she maintains her stubborn comportment and explains that she is here to pick up an item that her mother r equests her to buy.In response to this, Lengel takes a step further by first reiterate himself and then explains to the girls, We want you decently dressed when you come in here (Updike). According to Sammy, Lengel is a heart cold person, whose interpretation of the ideal person in this society God fearing, church people who know their place and not go against their will. It is at this point in the story that Queenie loses her bearing for the first time. Sammys response to this predicts that his decision to defy Lengel and the supermarket rules will be signified by his exposing his own shoulders, and that is precisely what occurs.Rebellion and social norms appear to have an impact among young people this day. Most of the time, they stand up for what they feel is right and neglect the consequences. Sammy was able to bring attention to him, but it did not work the way that he had planned it would be. The girls most likely didnt even know that Sammy even quit his job. He tried very ha rd to get Queenie to see him and give him, but that didnt work either. That is why people can never sympathize with Sammys action because it results to an act of rebellion against his social norms.

Androids History Essay Example for Free

Androids History EssayApps can be downloaded from third-party sites or through online stores such as Google Play (formerly Android Market), the app store run by Google. In June 2012, there were more than 600,000 apps available for Android, and the estimated number of lotions downloaded from Google Play was 20 billion. Android became the worlds leading smart phone platform at the end of 2010. For the first quarter of 2012, Android had a 59% smart phone market share worldwide. At the half of 2012, there were 400 cardinal devices activated and 1 million activations per day. Analysts point to the advantage to Android of being a multi-channel, multi-carrier OS.HISTORY Android, Inc. was founded in Palo Alto, California, United States in October 2003 by Andy Rubin,Rich Miner prick Sears and Chris White to develop. Google acquired Android Inc. on August 17, 2005, making Android Inc. a wholly owned subsidiary of Google.VERSION HISTORYAndroid has been updated frequently since the firs t release of Astro, with each fixing bugs and adding new features. Each version after Astro and Bender is named in alphabetical order. List of Android version code name calling ?Android consists of a kernel based on the Linux kernel 2. 6, with middleware, libraries and APIs written in C and application software running on an application framework which includes Java-compatible libraries based on Apache Harmony. Android uses the Dalvik virtual machine with just-in-time compilation. The main hardware platform for Android is the ARM architecture

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses1a. Explain the diverse types of business musical arrangement and the importance of the key members required for the arrangement of a sensible causeA wring is delimitate as an agreement which leg exclusivelyy binds the parties (BPP professed(prenominal) Education, 2004). stock- mollify in that location argon many types of accept surrounded by ii businesses such as biased, zygomorphic, specialty, simple and measuring squ ar up deoxidize (Doti Chee, 2009). for the first epoch uni later onal subscribe to is a sound agreement in which only if unmatchable of the two parties snitchs level-headedly enforceable calls. In this tweet in the midst of two companies at a authentic fourth dimension only unmatched companionship will do their duties only when a special(prenominal) circumstance contend start the separate society will do their duty (BPP master key Education, 2004). more everywhere the detect of u nilateral pick out is that it holds that aims fag be revoked at any time prior to culmination of the requested per do workance. The ascertain is enforceable only upon completion of the requested per take a shitance (Doti Chee, 2009).One of the roughly famous end studies in unilateral nonplus is Carlill v. Carbolic toilet Ball Co. 1892 (Referred to supplement A) (Lawnix, accessed 2009). In this content on that point is a unilateral urge which was decl bed by Smoke Ball Co. The dumbfound is if any per word of honor who use Ds smoke goon tercet times per day as directed and takeed influenza, colds, or any opposite disease they will intoxicate ascorbic acid pounds by Smoke Ball Co. withal for Carlill, she acquired a screwball and used it as directed and Carlill pruneed influenza, it shows that she veritable the passing play by performing the conditions. So the edit out among whatsoever(prenominal) parties was valid. Furthermore it is a unilateral select so that the rule of unilateral is apply in which when Carllil contracted influenza which actor she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their motions which is set up Carllil 100 pounds. As for the rule the check is enforceable only upon completion of requested performance. The performance of Carllil is the requested performance so at that time the ships company is spring by the contract and they had to earnings Carllil the m acey. The fiber if Carllil vs Smoke ball Co. can as wellbe considered as executed setting. It is a performed or executed act in accrue for a promise (BPP original Education, 2004).The assist type is bilateral contract, it is the contract in which both parties take responsible at the aforementi superstard(prenominal) time and both of them take promises (BPP overlord Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing scathe. It means that both parties will take their corporal functions at the same time and as the rule of bilateral contract both of them ar bounded by it. It means that company A will slang to deliver the skillful product which is computer to company B at the attached time and in return company B has to pay the purchase price for company A. This contract is normally seen in trading and mercantile transaction. It would be appal of contract if either withdrew without the take of the other. It likewise considered as executory reflexion which is a promise given for a promise non a performed act (BPP superior Education, 2004).On the other hand, specialty contract is express contract made under seal. They are non merely written exclusively delivered over by the companionship bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be land ed to, attack to it an important and character which do non give way to a simple contract. In the boldness of specialty, its rule is no considerateness is necessary to give it validity, thus far in the court of equity (BPP superior Education, 2004).The ahead type of business contract is simple contract. Simple contract is any cover song contract other than a contract under seal. It can be both express and implied or partly written or partly viva voce. It consists of a promise to do or refrain from doing slightlything, in exchange for doing something given or promise in return. The parties es moveial(prenominal) intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that on that point be some good cause, musing or motive, before they can be implement in the courts (BPP Professional Education, 2004).The last type is stock(a) form contract. It is a pre-prepared contract where all the conditions have already set. In standard f orm contract each of the troupe will have incompatible duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard impairment and conditions. The standard form contract can usually be found in a contract among employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the general rightfulness look ats standard form contracts any other contract. It essentialiness chink the essential genes of a contract (Doti Chee, 2009). barely in every contract thither are septet keys elements which a contract must contain in order to be valid and enforceable by the justice which are agreement, consideration, intention to take a crap legitimate relations, statutory capacity to contract, form of a contract, consent and statutoryity of heading (BPP Professional Education, 2004). firstly the agreement which is de enclosureined by the rules of head and espousal. It must contain the toss which is a defined promise to be bound on specific term and word meaning which is unqualified agreement to the wrong of the asseverate (BPP Professional Education, 2004). As shown in the figure be unhopeful is the formation of a simple contract. hitherto in fissure in that location are three elements which are deduction of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by universe sure or creating agreement. So that an offer is terminated and it may no lifelong be accepted in some miscue such as rejection, lapse of time, abrogation by the offeror, failure of a condition to which the offer was state and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indi cation that someone is prepared to happen offers with the view to forming a binding contract. It is non an offer in itself. in that location are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for renders (BPP Professional Education, 2004).The second element in agreement is borrowing, it can be by express terminology or by action and it may overly be inferred from dole out too. There are three important elements of acceptance which are term of acceptance, proceeds offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it besides if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communi cated to the offeror and is not effective until this has been through. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee, 2009). The offeror may waive the read for communication of acceptance by marking an offer to the entire world. provided he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror.One of the theatrical role examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to vermiform process A) (BPP Professional Education, 2004). In this case the suspect use to the company for shares and p aid a deposit to the companys bank, it means that the suspect give an offer to the company. However after that the company sent him an acceptance by anaesthetize of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that it is not accepted.The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be then(prenominal) consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost situation, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). For example if a customer orders goods which a shopkeeper undertakes to obtain from the manu concomitanturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be erstwhile(prenominal). Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases well-nigh past consideration is Re McArdle (referred to concomitant A) (BPP Professional Education, 2004). In this case one o f the mothers son and his wife lived to ticktackher in the house, the wife made im givement to the house and the children agree to repay the sum of 488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife the improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it.The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although manifestly in many contracts it a good deal is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already think to do. It must be deemed actually to be consideration. While adequacy is the ability to jolly or legally satisfy the requirement (Business Dictionary, accessed 2009).The case Chappell Co vs snuggle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose when Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that in that respect had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for overt commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes o f Nestle, one of the parties to the contract. There is also a case of collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case on that point was no consideration for the promise, as the claimant was obliged to appear by law. Because of the performance o an active obligation imposed by statue is no consideration for a promise of reward.The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no gutter to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred t o Appendix A) for the privity of contract.The next element is intention to progress to legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express asseveration as to whether or not legal relations are intended the courts apply one of two presumptions social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a maintain promised t o pay his wife 30 a month to return to Ceylon with him but later the marri get along with ended in divorce and the wife sued the husband for the monthly al confusedance which he no longer paid. In this case, because of the informal agreement of obscure duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money.There is also very important element for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and dipsomania (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is without delay the preferred term. The capa city of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge savant for the price of clothing (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract.The next key element of the contract is the form of contract. The contract can be made in piece of music or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, penning make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Professional Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a contain company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important co ntract of this type is the contract of guarantee. A sign-language(a) note of the material terms of the contract is sufficient (BPP Professional Education, 2004).There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some age before the delivery the price of the land was doubled and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor.The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is sliden as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defendable if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defending team, one of four of the most important justification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an present(prenominal) fear of injury. In order for duress to qualify as a defense, four requi rements must be met threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon lightsome and vulnerable persons that allows the transactions to be set aside. In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Third, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or rum transaction (Legal explanations, accessed 2009).As example of the conse nt the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking put over before doing so and there was a premature volley and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or permitted a breach of statutory duty over rubber eraser procedures. The injured men were trained for their work and properly left to carry out sentry go procedures of which they were well aware. So they cannot sue the employer for that.The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must consider the attainment of an object not expressly forbidden by law nor contrary to earth policy. For example An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and so unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy.1b. snap the scenario from the perspective of the law of contract. Apply the rules of offer and acceptance in a given scenario, also considering any impact of new technologyFirstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a disperse element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the mind of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or accountability given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agreement is the meeting of minds between two more legally competent parties, round their relative duties rights regarding current or future(a) performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles disposal the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid.Moreover concord to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transaction Act. Cap 88, the website containing the inside information and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned preceding(prenominal) the website containing the de tails and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers.One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge move an advertisement in Cage and Aviary Birds magazine containing the words Bramblefinch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the tax shelter of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the criminal offence of the offering for sale, as the advertisement constituted an invi tation to treat. He was therefore not making an offer.In this case there are two contracts were formed between Tuans company and Sally, a university student with tech Ltd. technical school Ltd is capital of Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet.Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer speechless as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the remains in Tech Ltd works in the following manner every time an order was placed by a buyer after filling up the unavoidable form, which included the furnishing of a valid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was triple-crown. It means that by filling the form with valid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract.In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the co ntract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can test copy that Tuan go against the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the correspondent was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan ground on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said optical maser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is where one party is mistaken as to the terms of the contract and the other k nows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd.There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the buyers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In shoemakers last because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract.Ho wever in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd.The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were pass judgment the offer from Sally to sell one set of printer with the given price on the websit e. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally.However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unwitting of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake.Moreover there also a similar case of common mistake which is Centrovincial Esta tes plc vs Merchant Investors authority Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of 65,000 a year he had meant to offer it at 126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that.Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Bu tler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant acknoLaw for Standard Form Contracts in BusinessesLaw for Standard Form Contracts in Businesses1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contractA contract is defined as an agreement which legally binds the parties (BPP Professional Education, 2004). However there are many types of contract between two businesses such as unilateral, bilateral, specialty, simple and standard form contract (Doti Chee, 2009). Firstly unilateral contract is a legal agreement in which only one of the two parties makes legally enforceable promises. In this contract between two companies at a certain time only one party will do their duties only when a part icular situation come out the other party will do their duty (BPP Professional Education, 2004). Furthermore the rule of unilateral contract is that it holds that offers can be revoked at any time prior to completion of the requested performance. The promise is enforceable only upon completion of the requested performance (Doti Chee, 2009).One of the most famous case studies in unilateral contract is Carlill v. Carbolic Smoke Ball Co. 1892 (Referred to Appendix A) (Lawnix, accessed 2009). In this case there is a unilateral contract which was stated by Smoke Ball Co. The contract is if any person who used Ds smoke ball three times per day as directed and contracted influenza, colds, or any other disease they will receive 100 pounds by Smoke Ball Co. However for Carlill, she purchased a ball and used it as directed and Carlill contracted influenza, it shows that she accepted the offer by performing the conditions. So the contract between both parties was valid. Furthermore it is a uni lateral contract so that the rule of unilateral is applied in which when Carllil contracted influenza which means she performed the conditions of the contract and met all requirements o the contract. So after that it Smoke Ball Co.s turn to perform their actions which is give Carllil 100 pounds. As for the rule the promise is enforceable only upon completion of requested performance. The performance of Carllil is the requested performance so at that time the company is bounded by the contract and they had to pay Carllil the money. The case if Carllil vs Smoke ball Co. can alsobe considered as executed consideration. It is a performed or executed act in return for a promise (BPP Professional Education, 2004).The second type is bilateral contract, it is the contract in which both parties take responsible at the same time and both of them take promises (BPP Professional Education, 2004). It arises where let say company A promises to sell a computer to company B in return B promises to pay the purchasing price. It means that both parties will take their actions at the same time and as the rule of bilateral contract both of them are bounded by it. It means that company A will have to deliver the right product which is computer to company B at the given time and in return company B has to pay the purchase price for company A. This contract is usually seen in trading and commercial transaction. It would be breach of contract if either withdrew without the consent of the other. It also considered as executory consideration which is a promise given for a promise not a performed act (BPP Professional Education, 2004).On the other hand, specialty contract is express contract made under seal. They are not merely written but delivered over by the party bound. The specialty contract is usually in buying bonds, deeds, etc. The solemnity and deliberation with which a deed or a bond is presumed to be entered to, attack to it an important and character which do not belong to a simple contract. In the case of specialty, its rule is no consideration is necessary to give it validity, even in the court of equity (BPP Professional Education, 2004).The forth type of business contract is simple contract. Simple contract is any binding contract other than a contract under seal. It can be both express and implied or partly written or partly oral. It consists of a promise to do or refrain from doing something, in exchange for doing something given or promise in return. The parties must intent the agreement to be binding on each other. Furthermore the rule of simple contract requires that there be some good cause, consideration or motive, before they can be enforced in the courts (BPP Professional Education, 2004).The last type is standard form contract. It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient, they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company (BPP Professional Education, 2004). On the other hand in contrast to specialty contract, the rule of simple contract stated that as a general rule, the common law treats standard form contracts any other contract. It must contain the essential elements of a contract (Doti Chee, 2009).However in every contract there are seven keys elements which a contract must contain in order to be valid and enforceable by the law which are agreement, consideration, intention to create legal relations, legal capacity to contract, form of a contract, consent and legality of object (BPP Professional Education, 2004). Firstly the agreement which is determined by the rules of offer and acceptance. It must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). As shown in the figure below is the formation of a simple contract.However in offer there are three elements which are certainty of offer, invitation to treat and termination of offer. The certainty of offer is a definite offer maybe to a class of persons or to the world at large. While on the other hand, the key way that an offer is terminated is by being accepted or creating agreement. So that an offer is terminated and it may no longer be accepted in some case such as rejection, lapse of time, revocation by the offeror, failure of a condition to which the offer was subject and death of one of the parties (BPP Professional Education, 2004). Lastly the invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. There are our types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invit ation for renders (BPP Professional Education, 2004).The second element in agreement is acceptance, it can be by express words or by action and it may also be inferred from conduct too. There are three important elements of acceptance which are term of acceptance, counter offer and communication of acceptance (BPP Professional Education, 2004). Firstly the counter offer is the acceptance which purports to introduce a new term. If a counter offer is made, the original offeror may accept it but if he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). On the other hand the acceptance must be communicated. The general rule is that acceptance must be communicated to the offeror and is not effective until this has been done. Furthermore The acceptance must be communicated by the offeree or someone authorized by the offeree. If someone accepts on behalf of the offeree, without authorization, this will not be a valid acceptance (Doti Chee , 2009). The offeror may waive the need for communication of acceptance by marking an offer to the entire world. Moreover he may indicate that he expects acceptance through the post. There are also three exceptions to the communication rule which are terms of offer, conduct of the offeror and postal rule (BPP Professional Education, 2004). Furthermore as the term of the order, it can state or imply that acceptance need not to be communicated to the offeror.One of the case examples for agreement is the case between Ramsgate Victoria Hotel Co vs Montefiore 1866 (referred to Appendix A) (BPP Professional Education, 2004). In this case the defendant applied to the company for shares and paid a deposit to the companys bank, it means that the defendant give an offer to the company. However after that the company sent him an acceptance by issue of a letter of allotment it means that it is the acceptance for his offer. However the acceptance was sent only when the offer was lapsed so that i t is not accepted.The second element is the consideration. The agreement or the obligations assumed by each party must be supported consideration from the other party. The principle is that the parties to a contract must each provide something, whether money, the provision of a service or some other form of contribution to the contract. However it has also been described as the price of the other persons promise (BPP Professional Education, 2004). However for the consideration to be valid, it must contain three elements the executed, executory and cannot be past consideration. Firstly the executed consideration is a performed or executed act in return for a promise (BPP Professional Education, 2004). For example A offers a reward for the return of lost property, his promise becomes binding when B performs the act of returning As property to him. While in contrast, the executory consideration is a promise given for a promise, not a performed act (BPP Professional Education, 2004). Fo r example if a customer orders goods which a shopkeeper undertakes to obtain from the manufacturer, the shopkeeper promises to supply the goods and the customer promises to accept and pay for them. Thirdly the consideration cannot be past. Anything which has already been done before a promise in return is given is past consideration which, as a general rule, is not sufficient to make the promise binding and the rule is that past consideration is no consideration (BPP Professional Education, 2004). One of the cases about past consideration is Re McArdle (referred to Appendix A) (BPP Professional Education, 2004). In this case one of the mothers son and his wife lived together in the house, the wife made improvement to the house and the children agree to repay the sum of 488 in consideration o your carrying out certain alterations and improvements to the property. At the mothers death they refused to do so. In this situation the time of the promise between the children and the wife th e improvements were considered as past consideration. According to the rule of past consideration, past consideration is no consideration so they were not bounded by it.The law says that consideration need not to be adequate but it must be sufficient. This means that the consideration need not be of equal value to the parties to the contract but it must be of some value to the parties involved. This does not have to be financial or monetary value, although obviously in many contracts it often is (BPP Professional Education, 2004). The term sufficiency of consideration means that the consideration must be something more than the party involved was already intended to do. It must be deemed actually to be consideration. While adequacy is the ability to reasonably or legally satisfy the requirement (Business Dictionary, accessed 2009).The case Chappell Co vs Nestle Co Ltd (referred to Appendix A) is a famous case study for adequacy (BPP Professional Education, 2004). The case arose whe n Nestle made a special offer, whereby if people collected three wrappers from Nestle bars of chocolate and sent them with small money they could get a copy of a record Rockin Shoes The copyright to the records was owned by Chapple, who claimed that there had been breaches of their copyright. The case turned round whether the three wrappers were part of the consideration. However in this case the defendants had required that wrappers were sent in as part of the special offer, for obvious commercial reasons. It was help that the wrappers were part of the consideration as they had commercial value in the eyes of Nestle, one of the parties to the contract. There is also a case of Collins vs Godefroy (1831) (referred to Apeendix A) for the sufficient of consideration (BPP Professional Education, 2004). In this case there was no consideration for the promise, as the claimant was obliged to appear by law. Because of the performance o an existing obligation imposed by statue is no consider ation for a promise of reward.The last part of consideration is the privity of contract. If you do not provide consideration, you cannot sue on the contract. This is a critical rule in contract law and reflects the fact that consideration is essential. This maxim means that only the person who has paid the price of the contract can sue on it. Privity of contract is defined as the relation between the two parties to a contract and third parties who are no privy to the contract generally have no right of action (BPP Professional Education, 2004). There is a case of Tweddle vs Atkinson 1862 (referred to Appendix A) for the privity of contract.The next element is intention to create legal relation. An agreement is not a binding contract unless the parties intend to create legal relations and have the capacity or ability to do so. It can also be defined as the willingness to be bound by the terms of the contract. Furthermore anyone entering the contract has to have the capacity to do so otherwise it can be argued that they are not acting in full understanding of what they are doing. Where there is no express statement as to whether or not legal relations are intended the courts apply one of two presumptions social, domestic and family arrangements are not usually intended by the parties involved to be binding, commercial agreements are usually intended to be legally binding (BPP Professional Education, 2004). One of the case examples for intention to create legal relation is the case Balfour vs Balfour 1919 (referred to Appendix A). The case is that a husband promised to pay his wife 30 a month to return to Ceylon with him but later the marriage ended in divorce and the wife sued the husband for the monthly allowance which he no longer paid. In this case, because of the informal agreement of indefinite duration made between husband and wife was not intended to be legally binding so that the wife cannot sue the husband for the money.There is also very important elem ent for the contract which is the legal capacity to contract. Capacity refers to the fact that the law regards some groups as being unable to enter into binding contractual arrangements, because they might not be in a position to fully understand the agreement they have entered into. The groups include minor, mental disorders and drunkenness (BPP Professional Education, 2004). From January 1, 1970, the Family Law Reform Act 1969 reduced the age of majority to 18 and authorized the term minor as an alternative to infant. Minor is now the preferred term. The capacity of a minor to contract is still regulated by the common law, modified by the Minors Contracts Act 1987 which repealed a troublesome statute, the Infants Relief Act 1874 (Doti Chee, 2009). There is a case of Nash vs Inman 1908 (referred to Appendix A). In this case a Saville Row tailor sued an infant Cambridge student for the price of clothes (including 11 fancy waistcoats) he had supplied. The tailor failed in his action because the student was already adequately supplied with clothes because the clothes were not necessaries so that the minor was not binding by the contract.The next key element of the contract is the form of contract. The contract can be made in writing or oral or implied by conduct. The general rule is that a contract may be in any form (written or oral) but a minority of contracts have to be made in a particular form. Firstly implied terms are those terms which, although not expressly stated by the parties by words or conduct, are by law deemed to be part of the contract. Moreover the terms can be implied into contracts by custom, by courts or by statute (Doti Chee, 2009). On the other hand, writing make it easier to prove the contents o the contract but it is not usually necessary unless related to one of the following contracts by deed, in writing, evidenced in writing or contracts made through the internet and by e-mail. Those are the formalities of the contract (BPP Profession al Education, 2004). Contracts which must be by deed include leases for three years or more, a conveyance or transfer o a legal estate in land and a promise not supported by consideration. On the other hand the contracts which must be in writing include a transfer of shares in a limited company, the sale or disposition of an interest in land, bills of exchange and cheques, consumer credit contracts. Furthermore some contracts may be made orally but are not enforceable in a court unless there is written evidence of their terms. The most important contract of this type is the contract of guarantee. A signed note of the material terms of the contract is sufficient (BPP Professional Education, 2004).There is a case of Clyde Mason vs. Charley Tatum (referred to Appendix A) in the form of contract. In this case Clyde Mason as a minor went into a contract of buying land with Charley Tatum and the contract is made in writing after some days before the delivery the price of the land was doub led and the adult refused to do his performance o the contract. The minor sued for that. This case study is an example of the form of contracts which must be by deed. So in decision because the contract is binding for the adult so Tatum had to do his duties as in the contract with the minor.The consent is also one of the key elements of the contract. The validity of a contract may be affected if a person has been misled into a contract or if the parties have come to agreement but are actually at cross-purposes, for example one of them is mistaken as to the precise nature of the contract (BPP Professional Education, 2004). In consent there are four violating factors which are mistakes, misrepresentations, duress and undue influence. An intentional act done out of mistake may occasionally be defensible if it was reasonable. On the other hand a misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other party to enter the contract. The effect of an actionable misrepresentation is to make the contract voidable giving the innocent party the right to rescind the contract and/or claim damages (Law Teacher, accessed 2009). Duress is a possible legal defense, one of four of the most important justification defenses, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. In order for duress to qualify as a defense, four requirements must be met threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, threat must be immediate and inescapable and the defendant must have become involved in the situation through no fault of his or her own (Law Teacher, accessed 2009). While undue influence is a judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside . In order to establish the undue influence four elements must be shown. A judicially created defense to transactions that have been imposed upon weak and vulnerable persons that allows the transactions to be set aside. Second, there must be an opportunity for exercising undue influence. Third, there must be evidence that the defendant was inclined to exercise undue influence over the victim. Fourth, the record must reveal an unnatural or suspicious transaction (Legal explanations, accessed 2009).As example of the consent the case of ICI v Shatwell 1965 (referred to Appendix A) is the most common one. Because of the electric cable was too short so that two experienced shot firers decided to go against the law they carried out the test without taking cover before doing so and there was a premature explosion and both were injured. They sued the employer. In this case they had consented to the risk. The employer was not liable since it had not been negligent nor had it committed or per mitted a breach of statutory duty over safety procedures. The injured men were trained for their work and properly left to carry out safety procedures of which they were well aware. So they cannot sue the employer for that.The last key element of contract is the legality of object. Legality is an agreement to be an enforceable contract must contemplate the attainment of an object not expressly forbidden by law nor contrary to public policy. For example An agreement for the sale of realty to be used expressly for the sale of alcoholic beverages is unenforceable as its object is contrary to law. So also an agreement by which A, a confirmed woman hater, promises B a house for Bs promise never to marry, is against public policy, as discouraging marriage, and therefore unenforceable (Chest of book, accessed 2009). The courts will not enforce a contract which is deemed to be illegal or contrary to public policy.1b. Analyze the scenario from the perspective of the law of contract. Apply th e rules of offer and acceptance in a given scenario, also considering any impact of new technologyFirstly as for review of the online transaction, we will go to look at the formation of contract. Contract is agreement between two or more parties which is enforceable at law (Doti Chee, 2009). However in order to be valid and enforceable by the law, the requirements for formation of contract are agreement and consideration. There is sometimes said to be a third element, namely, intention to create legal relations. But this third element is rarely a problem and it is true to say that, if it is a separate element, it goes without saying in the vast majority of cases (ANU College of law, accessed 2009). A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other (BPP Professional Education, 2004). On the other hand agr eement is the meeting of minds between two more legally competent parties, about their relative duties rights regarding current or future performance (Business Dictionary, accessed 2009). Furthermore to determine whether or not an agreement has been reached, the courts will consider whether or not party has made a firm offer which the other party has accepted. Offer and acceptance are the key elements of agreement. The agreements must contain the offer which is a defined promise to be bound on specific term and acceptance which is unqualified agreement to the terms of the offer (BPP Professional Education, 2004). However for this case of online transaction, the principles governing the formation of written and oral contract can also be apply to contracts concluded through the internet. The contracts which are made through the internet also need an offer and acceptance to be valid.Moreover according to the electronic transaction act 1999 and confirmed by s.11 of the Electronic Transa ction Act. Cap 88, the website containing the details and the prices of the goods is an invitation to treat (ComLaw, accessed 2009). Invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract (BPP Professional Education, 2004). There are four types of invitation to treat which are auction sales, advertisements, exhibition of goods for sale and an invitation for tenders. As mentioned above the website containing the details and the prices of the goods is an invitation to treat so that it must follow the rule of invitation to treat. Its rule is that invitation to treat is not offer. It is an invitation to do business with another party and it is not an offer but an invitation to others to make offers.One of the common case examples for invitation to treat is the case of Patridge vs Crittenden 1968 (referred to Appendix B). Mr Patridge placed an advertisement in Cage and Aviary Birds magazine containing the words Bramblef inch cocks, bramblefinch hens, 25s each. The RSOCA brought a prosecution for offering for a sale of protected species in contravention of the protection of Birds Act 1953. The justices convicted Patridge and he was sued. The advertisement of Mr Patridge was considered as an invitation to treat so according to the rule of invitation to treat it is not an offer. The prosecution could not rely on the offence of the offering for sale, as the advertisement constituted an invitation to treat. He was therefore not making an offer.In this case there are two contracts were formed between Tuans company and Sally, a university student with Tech Ltd. Tech Ltd is Singapore listed company selling computers and other IT products in Ha Noi and they had recently established its own website to offer for sale various products over the internet.Firstly for the existing contract between Tuans company and Tech Ltd it is a valid contract. The rules of offer are that it must be communicated, may be made to world, may be revoked at any time and distinguished from binding options and from invitation to treat. On the other hand the rules of acceptance are it must relate to offer, mental acceptance is insufficient but may be inferred, must be unqualified, method must conform with other, if offer silent as to method that chosen to be appropriate, if it is mailed effective from time of posting and communicate may be dispensed with (Doti Chee, 2009). According to the rules of offer and acceptance in the contract between Tuans company and Tech Ltd there was an offer and acceptance. The online transaction as mentioned above is considered as invitation to treat. However the system in Tech Ltd works in the following manner every time an order was placed by a buyer after filling up the requisite form, which included the furnishing of a valid credit card account, it would be followed by an automated reply from Tech Ltd that the transaction was successful. It means that by filling the form with va lid information Tuan had already made an offer to Tech Ltd and then automatically they will send a reply to confirm that the transaction was successful and it is considered as an acceptance from Tech Ltd to Tuans offer. There is also legal intention between two parties so that the contract between Tuan and Tech Ltd is a valid contract.In this case if Tech Ltd did not deliver the 4,000 sets of computers it means that they breach the contract. Because the contract is a valid contract so that both parties are binding by the contract, they must do their duties as in the contract stated. If Tech Ltd breached the contract Mr. Tuan can sue them for that if they did not have any reasonable reasons. However in this case Tech Ltd can proof that Tuan violated the contract by capitalizing on Techs mistake. Because of an error committed by an employee of Tech Ltd, the price of the printer was altered to $388 on the website, which normally retailed at $3,800. Tech Ltd can proof that Tuan based on that mistake to make contract with Tech Ltd. Because Tuan is the owner of a shop that sold IT peripherals, including a few sets of the said laser printer. So that he came to know about the real price of the printer and the extraordinarily low price offered by Tech Ltd. Furthermore according to the rule of unilateral mistake which is where one party is mistaken as to the terms of the contract and the other knows this, the contract will be void regardless of whether the terms is fundamental (Doti Chee, 2009), the contract between Tech Ltd and Tuans company is a void contract because Tuan knew about the mistake of Tech Ltd.There is a similar case of unilateral mistake which is the case of Hartlog v Colin and Shields 1939 (referred to Appendix B). In this case by mistake the defendants offered at the same price per pound instead of per piece, which obviously worked out much cheaper. After that they realized their mistake, the sellers refused to deliver the skins and were sued by the bu yers for breach of contract. However in this case because the buyers were aware of the sellers mistake so that there was no contract as same in the case of Tech Ltd and Tuans company. In conclusion because there is a unilateral mistake of Tech Ltd and Tuan knew about his so that in application o unilateral mistake rule the contract is void contract and Tuan cannot sue Tech Ltd for breach of contract.However in this case if Tuans company agreed to sell those ordered printer to the third party, they cannot maintain their rights against Tech even though they may be a bona fide purchaser. Because there is no contract between Tech Ltd and Tuans company so the goods are not belonging to Tuans company and they cannot sell it. Tech Ltd had the rights to take back their goods and the third party did not have the rights against Tech Ltd.The second contract in this case is the contract between Tech Ltd and Sally, a university student, because the transaction was taking in the same manner with the case of Tuans company which is through the website o Tech Ltd. Sally placed one set of the laser printer through the same system which means she offered to buy a printer through Tech Ltds website and then they automatically sent a reply to confirm the transaction was successful. It means that they were accepting the offer from Sally to sell one set of printer with the given price on the website. The contract had both offer and acceptance so that there was a valid contract between Tech Ltd and Sally.However because of the mistake committed by an employee of Tech Ltd the price of the printer was altered to $388 which is extraordinarily low price. Sally saw Tech Ltds website and thought that the price of $388 was very reasonable and she is a university student so she cannot know the real price of the printer and she did not know that there was a mistake from the employee. According to the rule of common mistake which is if one party makes a mistake and the other party is unaware of the mistake, the contract is binding, so that the contract between Tech Ltd and Sally is a valid contract. In this case Sally as a student so she cannot know the real price and the mistake of Tech Ltd. Furthermore because of that reason Tech Ltd cannot proof that Sally actually knew the contract is under a mistake.Moreover there also a similar case of common mistake which is Centrovincial Estates plc vs Merchant Investors Assurance Co Ltd (1983) (referred to Appendix B). In this case a landlord offered, by mistake, to renew his tenants lease at a rent of 65,000 a year he had meant to offer it at 126,000. The tenant, unaware of the mistake, accepted the offer. It means that the tenant did not know about the mistake so that the contract was binding to both parties. In conclusion the contract was binding with Tech Ltd and if they did not deliver the printer to Sally, she can sue them for that.Lastly for Tech Ltd to prevent similar situation in the future they should build a structure or system based on the counter offer. As has been said acceptance must be unqualified agreement to the terms of offer. Acceptance which purports to introduce any new terms is a counter offer. If counter offer is made, the original offeror may accept it but he rejects it his original offer is no longer available for acceptance (BPP Professional Education, 2004). For example it is the case of Butler Machin Tool Co vs Ex-cell-O Corp 1979 (referred to Appendix B). In this case the claimant offered to sell tools to the defendant. However the defendant accepted the offer enclosing their own standard terms which differed from those of the claimant. The claimant ackno

Theories of African Christian Ethics

Theories of African Christian ethical motive approachBefore I begin, let me set- ski binding up suggest to you the overall task of Christian object lessonity. If I speak near moral philosophy, I speak most Who we be, how we argon to perceive our domain and how we argon to exit in this orbit. This is the main crux of Christian clean-livings. In this assignment I would like to demonstrate a working go throughledge of African, Hesperian and African Christian morality. I ordain overly look at the differences betwixt selected ethical theories.ASSIGNMENT 1Explain occidental Ethics and evaluate the effect it has on our go steadying of moral philosophy. Underscore both the validatorys and negatives it has brought about in ethical persuasion.According to Barnhill (2009) the Western tradition has four major approaches to ethicsThe starting twain listed (Utilitarian Ethics and Deontological Ethics) argon modern developments and they dominate modern philosophy. He say s that Virtue ethics is as old as Plato and is making a bit of a come-back. native law ethics is relatively popular among environmental ethicists.After reading his Environmental studies, I puzzle come to realise the followingThis study speaks about goodness and badness. We can identify happiness with the good and sees virtue as a major part of happiness. We can explain that happiness and virtue should be detached. If we look at virtue it relates to good depart, a good exit is good in every circumstance and is absolute or unconditional good. It grows when you arrange for the sake of duty. A tender-hearted tourion is clean-livingly good and is through with(p) for the sake of duty. Western Ethics shows us that an action can be propel by duty and has virtuous worth. Not because of the results it achieved, scarce for satisfying a formal principle. The principle of performing ones duty, whatever it may be. People pee-pee impulses and desires and that is why the moral law appe ars to us as a law that we essential obey. This impulses and desires is our only source for moral judgement. This is our plain forget. Our plain will can sterilize a moral law and we will obey it. The gentlemans gentleman mind is able to take a leak laid what is good and evil. To assimilate value judgement is born from in spite of appearance of us. This is called your conscience. Most population recognize that man is free to make his or her moral decisions. On the former(a) hand, all the things that we do wrong come from our human desires. Men and women should follow the will of God. Use the will of God to make definite decisions in life. T cede is a universal moral law, the noesis to free ourselves from human desires. We ar free to make good and sound moral judgements. In the approach of care and the federation, too much Western Ethics has precondition individuals the right to call in about themselves. We mustiness build love and compassionate relationships amo ng people. The amply theory of ethics would perk up to accommodate all four aspects of Western ethics. One way to sometimes approach Western ethics and the influence it has on ethics is based on four aspects like rights, goods, virtues and our relationship with to separately one separate. We must look at the following questions likeDo our actions violate a nonher persons rights?We must try to achieve good in life.Look at our integrity.Care for each other.Ethics and even Western Ethics can never be static and with Western Ethics on that point are received frameworks and principles. We dont know whether Western Ethic has a future, plainly it really and most definitely do have a past. We can see that the patterns of the Western moral personality will continue to surface and really have to be dealt with, either through painful reflection or painful restructuring (Kunhiyop, 200429).Define in your own words Contemporary African Ethics. Highlight its important characteristics.Kigo ngo (nd) says that Contemporary African Ethics is a combination of African ethical tradition and European ethical tradition.What better way to describe Contemporary African Ethics than the word Ubuntu. Ubuntu means that people are people because of other people. In Africa naught can survive alone, we need each other to survive. I count on that we are all searching and suggesting new directions which to follow in pursuit of African determine. We can say that the foundation of African ethics is definitely a humanistic worldview. Everything about the companionship is seen to exist non just in the put in and now, but as well in the past, through those who have al put gone and also in the future, those who have yet to come. It is the past that influence the present and the present the future. Why, we ask, has this worldview, with the emphasis on respect for all mankind, support and responsibility not travel through the whole world yet?You remember in the foster paragraph I spoke about Ubuntu. Well, I can say that this worldview is expressed by the very ordination that lies according to it. If the community follows Contemporary African Ethics, they are living testimonies to their worldview. This worldview is worth reviving and respect for another, especially a stranger, is well known to communities in the south of the Sahara. With them a vi baby- patternor was to be welcomed and feted, not suspected and resisted like in some of our communities (Kunhiyop, 200423-27).Africa is currently looking at a new future when it comes to African Ethics. Africa believes that its own worldview has so much voltage and contemporary messages to give. Africa does not have all the above on record, but the civilization itself speaks of enrichment and value. Definitely African determine can be included in everything in life, for example in institutions of higher learning. The world needs more Contemporary African Ethics (Kunhiyop, 200413).Identify the key aspects of African Christian Ethics.I hear what Okolo (nd) saysFirst, the African may well count himself fortunate to be blessed with such a basically sound and enduring ghostly and moral tradition. But this does not at all mean that the Christian religion based on Christs love ethic constitutes a mere superficial place in his moral life. The Christian religion means for the African fundamental changes in many of his cultural values and options such that a real spiritual rebirth is required for him to be a Christian in the authentic meaning of the term and in its ethical implication.I think that the African orderliness is in a moral crisis. The African are having an identity crisis and have shifted away from their value system. Their moral values they gave away for other value systems. In a sense the first aspects is the fact that they have betrayed the African value system by analyzing it with the socio-economic and political implications that are taken from all the different value systems. The minute of arc aspect for me is the fact that Africans are now abandoning their value system by trying to embrace other systems, namely liberalism and utilitarianism. The consequence of this above mentioned shift is that the African will no longer be known by what he is, but by what he has acquired by different means. The African have lose the sense of Who am I and this holdd the moral crisis in south-central Africa. If we look at virtue ethics, I think it could stand by us to redeem the African value system as well as every individual in southeastern Africa. Virtue ethics is intended to offer up a society in which people can live a meaningful life. There is a general agreement amongst the African people that the African cannot be outlined except in the closeness of the community. We can see the closeness of relationship between the individual and the complaisant nature of the African. The African system is not interested with material issues it is interested primarily with h uman beings in their relationship with one another. It is like that, the community means that the community alone can constitute the con schoolbook edition, their societal and cultural space. Africans needs to find freedom and responsibility in themselves and also in other people in South Africa.CONCLUSIONWhether African Christian Ethics will start a different socio-economic and political arrangement remains a question that needs to be explored in-depth.BibliographyBarnhill D L 2007. foursome Traditional Western Approaches to Ethics. Online article http//www.uwosh.edu/faculty_staff/barnhill/ES_375/ethics.html, 07/01/2009.Kunhiyop S W 2004. African Christian Ethics. United States of the States Hippo Books.Kigongo J K n.d. The Relevance of African Ethics To Contemporary African Society. Online article http//www.crvp.org/ criminal record/Series02/II-8/chapter_ii.htm, 13/01/2009.Okolo C B n.d. The African Experience of Christian Values Dimensions of The Problematic. Online article ht tp//www.crvp.org/ maintain/Series02/II-3/chapter_xi.htm, 13/01/2009. debutThe Bible is an expression of Gods will to us and possesses the right supremely to define what we are to believe and how we are to conduct ourselves. In the book African Christian Ethics Samuel W. Kunhiyop gives us guidelines in biblical Christianity for Africa. Although Samuel Kunhiyops book does not deal exclusively with the role of the Bible, I will review his book to jerk off to the core. We know that everything stays the Gospel of our Lord Jesus Christ. To review a great Theologian like Samuel W. Kunhiyop, I dont think it is for me to comment on the way he wrote his book.ASSIGNMENT 2Write a slender book review of the course textbook Samuel Kunhiyop (2004), African Christian Ethics.In the introduction Samuel describes the need for composing this bookChristian ethics is often regarded the same as Western ethics, but they are really not the same. The two have become compound because Western missionarie s did not bring a true and honest gospel but one that is different from the true gospel. Students who should be studying African Christian ethics are too often busy with the wrong ethical theories coming from the West. What should be taught in African theological colleges is an ethics that is African, biblical and Christian. That is what this book seeks to give to its reader (Kunhiyop, 20048-10).We can find a lot of information on African Christian Ethics through the internet and in that location is a lot of information for Western churches to use. Hippo books are so popular that they are used by many publishers and are well known passim the world. Some of the publishers like Zondervan and African publishing houses also make use of Hippo books. Hippo books create an environment for the learner or student to get acquainted with all sections of Theology. Hippo books have got information and theories of many of scholars who share their knowledge and experience with us. Hippo books ha ve got a vision to religious service with the maturement in all African churches so they can see their civilisation from an evangelical perspective. Hippo books also published African Christian Ethics which I am about to review (Davy, 2010).Samuel Waje Kunhiyop was previously the Professor of Theology and Ethics at ECWA Theological Seminary. He holds a Bachelor of Theology, Masters of Theology and PhD at Trinity International University, Illinois. Samuel Waje Kunhiyop was ordained by the Evangelical Church of West Africa as a minister. Currently he is one of the heads of the Postgraduate School at the South African Theological Seminary (Kunhiyop, 20044-5).The need for an interpretation of Christianity and all its aspects from an African point of view was necessary. One such aspect is the question of Christian ethics and how it is affected by Africa and its enormous cultural variety. Samuel identified the need to explore and explain the many questions that arose around the issue o f African Christian ethics. According to Kunhiyop he started in his life seeking to find all information and truths about African Christianity. He studies for 8 years in Nigeria for his undergraduate theological educational activity and another 7 years in the United States for his graduate theological reproduction. In 1993 he went back to Nigeria and has been teaching now in that location for 11 years. Samuel is a great teacher of the Bible, Theology, Ethics and Philosophy. In 1994 he was teaching to a group of students and after finishing with them he asked the students What did you learn from this course? One of the students stood up and answered with the words nothing. Samuel was stunned and because of that answer, he started to investigate and wanted to seek for the right answers. He realised that the information he gave through to the students did not pertain to them and their culture. He knew that he needed to do more for the students for them to succeed in life (Kunhiyop, 20048-9).If I can mention that it was very difficult to find the book in the library and Protea Bookshop gave an indication that it would take 10 weeks if I order the book. The book had to come from Kenya.When we look at the life of Samuel Waje Kunhiyop, we can see a Christian who believes in Jesus Christ as his personal Saviour. Although he did most of his studies overseas, he was born and raised in Africa. He wanted to help and assist African Christians struggling with their own situations and problems. He recognized that Africans, and even more so, African Christians, needed guidance in relation to the interpretation of their occasional personal problems within an ethical frame of reference (Kunhiyop, 20049).At first I didnt know what to make of the book African Christian Ethics. The book seemed passing difficult to read, interpret and recognise. Why might that be, I asked myself. Then I came to a conclusion. It was because I knew nothing about the Africans and their unique, i ntricate and diverse cultures. The only knowledge I have is about my own culture and roots. In Ethical Foundation Section one Samuel Waje Kunhiyop explains what African morality and the African culture consists of (Kunhiyop, 200411). It is marvelous to read about my fellow African inhabitants within their interesting context. The songs they love to sing and the stories they love to tell. Then suddenly, the way of the African opens up to you and you begin to earn everything. The style in which the book has been written became much easier to read and interpret. As soon as I caught the drift of things, I enjoyed reading the book immensely. Samuel Waje Kunhiyop has through a lot of research to get to the truth. He also incorporated Biblical content to support his findings and to better explain the interpretation of these findings from a Christian point of view.At work my responsibilities include informing the soldiers about HIV and AIDS. With the knowledge that I gained from Samuels b ook I can now encounter the African soldier better. It also helped me in building better relationships with the soldiers, as I better comprehend their training of thought and spirit of Christianity. Samuel Waje Kunhiyop, through this book, opened up the eyes of many people, scholars and foreigners, although I think thither is many more to explore and more information to gain. In South Africa a lot of African people are still entangled and do not have identity. I can see that when I work with the youth in South Africa. The youth are lacking the strong morals and values they need to become better human beings in their communities and societies. The content of this book is magnificent and I would definitely encourage other individuals to read it and apply it to future situations with the African cultures.Let us explore the content of the book in detail to bobby pin the crux of what Samuel Waje Kunhiyop want to explain to us. I believe Kunhiyops work is excellent and I want to give him all the credit for this book.The book is divided into two sections, section one Ethical Foundations, Chapter one, two and three deals with the theory of ethics, while section two Contemporary Ethical Issues, Chapter four to thirteen discusses applicative issues. Issues that is so relevant that we can apply it in our daily lives. The issues are grouped in the following order, as presumptuousness in the Table of content semipolitical Issues, Religious Issues, Medical Issues, Welfare Issues, Financial Issues, Witchcraft Issues, AIDS Issues, Marriage Issues, Sexual Issues and Reproductive Technologies. Each chapter begins with a general introduction followed by the chapters transaction with the specific issues in that area. Samuel does not go into a detailed debate regarding War, rather, he looks at the wars and conflicts in Africa and then examines the Bible to find an answer (Kunhiyop, 20042). beginning with Contemporary African ethics, we can see that the African society does believe in God as the highest order and as the sole creator of man and mankind. Secondly they stand under the allowance of spirit up and ancestors who are the leadinghip and instructors of good and evil. The distinct differences between morality and ethics are not hold as they experience it as one with their religion. These assumptions are only written on paper as there is no documentary proof of the autobiography or origin thereof. The growing up and teaching or learning through the elderly and community by word of mouth is their reference in life. Most important is the tribe, community and family rules for belonging and not to be a single individual with his or her own set of rules and regulations. Believing in the invigorate and the ancestors justifies certain actions as long as you dont get caught and therefore has a deterrent effect on your family or community. They also believe that you must grip the spirits happy in order to be blessed and not to be cursed in life. M ostly the interaction between family (grandfathers, grandmothers, fathers, mothers, brothers, sisters, uncles, aunts, cousins, nieces and nephews) and the community (neighbors, friends, etc.) is a vital link to the forming of the African cultural inheritance (Kunhiyop, 200411-28).Secondly, while Western ethics were founded and utilise by numerous leaders of the Enlightenment eras, it had different positivist as well as negative impacts on society. One example that has a negative impact on the biblical views of the religious community is the concealment factor where a woman has the sole right to apply abortion if she wishes to. Furthermore I do believe that technology is good for anybody except where it is use have a negative result to humanity (Kunhiyop, 200429-46).The reading and discretion of African Christian Ethics was very difficult. Samuel makes mention of many authors and in text citing. The English language he used in Chapter three to point out his facts is confusing as to get the bill facts straight. What I do understand from this Chapter is that Samuel writes that Christian theology is the backbone of African Christian ethics and that it will be useless if the Scriptures are not part of the guidance to the rules of African Christian ethics. The Black African Christian has a rule of ethics whereby their ancestors are always consulted and is a part and parcel of their decision making. Therefore in their ethics within certain issues they leave out God in certain other issues they consult Him. He explains that African ethics is deeply rooted in the soul and that it becomes personal, influencing the mind, heart, body and spirit of a person. If a family member has got an issue, that issue will affect the immediate family, as well as their distant relatives. It will influence those who are living and those who are dead, but still interested in the affairs of the living. To understand the community is to understand African ethics. This is a faultfindin g tool and must be used when studying African ethics. These ethics are developed in interaction with the past, the present and the future, nothing or nothing can be excluded. God, the spirits of the departed, the ancestors and good and evil will always have an enormous influence on the morality of the people. Why, because they are African and generous of culture. Although the Bible does not support the doctrines of demons, evil spirits and witchcraft, many Christians are unaware of what the Bible teaches on the subject. Christians believe the Bible also serves as an definitive moral influence, thus in Africa there is no such thing as an ethical system that has no serviceable and religious implications. There will always be principles or rules that guide behaviour. These principles or rules are intertwined with practices of ethics and work nicely together (Kunhiyop, 200447-70).Samuel takes into account all the factors that are historically bind to the given topic and describes e ach problem in detail. In each problem he looks for a Biblical perspective on the issue, usually ask what the Old Testament says and what the New Testament says. This he does by also including the churchs response and the separate African churchs response before drawing an overall go away-place conclusion. This method which he is using is effective because it stays the Western reader aware of the differences between the West and Africa approach to ethical problems. The Western and traditional African understanding of ethics has affected the ethical thought of Christians. We need to change our perspective of the church because the church is constantly growing and becoming stronger in other split of the world. To conclude his thoughts Kunhiyop offers an outline for decision making. He based this outline on five important principles God is the ultimate model of morality. The Scriptures offer up the only bureau in matters of morality. Every aspect of life is subject to the laws of the Scriptures. The scriptures must be properly interpreted and the community of faith can provide support, responsibility and accountability. The world provides the boundaries in which we live out this morality and ethics (Kunhiyop, 2004).I really dont see any difference between Western Christian Ethics and African Christian Ethics. Kunhiyops point is actually what is underlying these ethics. Understanding the different world views on Christian ethics paves the way for Western churches to be influenced by and to have a greater influence on the African churches and their day to day functions. It is important for Christianity to overcome the barriers of culture and language. We are after all loved by Christ regardless of ethnicity and the limitations of the human race. I regard it important to note that even though the ethical values between the Western civilization and the African cultures are similar, the traditions within the set framework of each group changes the interpretati on and thus also the outcome of the ethical concepts. It is in this idea that the key to unlocking Samuels thinking process lies. He understands, having been exposed to both African and Western culture, that these differences, however subtle some may be, have an immense impact on the eventual(prenominal)(prenominal) interpretation of a persons set of ethical values. Christian ethics cannot be separated from its religious foundation. The important thing is that God requires something of man and that He stands ready to reward the obedience and punish violation. God has something to do with the very meaning of obligation. This book explains these issues well. The Western world is now faced with a choice are we going to utilize the tools that will enable us to bridge the gap between two very different civilizations or are we going to sit back and do nothing? With the right understanding of Africans and how they interpret ethical values we can incorporate a set of Christian ethical value s that will, without a doubt, benefit both parties (Kunhiyop, 2004).CONCLUSIONThe churches need to understand and interpret African Christian Ethics for them to survive in their communities. Let us think about this and understand where Kunhiyop comes from.BibliographyDavy T J 2010. HippoBooks African Evangelical Imprint. Online article http//bibleandmission.wordpress.com/2010/01/19/hippobooks-african-evangelical-imprint/, 15/01/2009.Kunhiyop S W 2004. African Christian Ethics. United States of the States Hippo Books.INTRODUCTIONMust Christians become involved in politics? In Romans 131-7 God is proclaiming that the organisation belongs to Him. God also tells us that we must follow the brass of the day. Let us now try and establish a link between the church and the secernate.ASSIGNMENT 3Evaluate the practical value and effectiveness of the four factors of change in the church and situate relations. semipolitical FactorBishop Desmond Tutu exclaimed,Now I am going back to the churc h to do the real business of the church and leave politics to those well qualified to do it (Kumalo, 2009).When Nelson Mandela became the new pre posturent of South Africa that was then that there was an active democratic development in South Africa. Bishop Buthelezi also made the same sayment on his farewell function. If we look at the church leaders we can see that most of these prominent leaders came from the political milieu and then go over to the church. On the other hand the other side of the coin is also true, church leaders sometimes also join departments and commissions. We dont know if what the two theologians above said, made the church to withdraw from politics, but they do make us to think about the church and their leaders in South Africa.The Sociological FactorIt is true that Islamic politicians go to the Muslim community for their votes. In the Christian community the Christian politicians will go to the Christian community for their votes. The recent call by Gen eral Muhammadu Buhari from Nigeria that Muslims should vote only for Muslim candidates in the forthcoming elections in 2003 has generated a lot of controversy. It is important to understand why this is the case. The morality issue of Buhari could be defended from the point of view of his fundamental right. In other words, he has the freedom and fundamental right to take any position on any issue. The changing relationship between religious groups and the accede opens up new challenges and new possibilities. More and more people of different religious groups are acquiring intertwined and use each other to accomplish goals (Kofarmata, 2009).The economic FactorGod has not called Christians just to work in the church, but however he has called us to get involved with all the economical issues in the world. In any case, God is in us and not just in the church. The gifts of the Holy Spirit that God has bestowed upon us and the calling from God, means acquire involved in identifying the causes of poverty. We can address these problems and help the needy with the support of God. This means that it is not only the responsibility of the government, but a responsibility of the church. Christianity also means getting involved in politics so that the people can have a better life. Christians must try to create and provide on the job training for other people also encouraging them to find jobs. The African church specifically must get involved in politics and government. The church needs to educate their people so that everybody can make positive contributions to our country and government (Kunhiyop, 200474).The Religious FactorAccording to McCain (2008) the sound two decades of the twentieth century have been known by for great explosion of Christian activity and Christian developing.Kunhiyop (200474) saidDuring the 1970s it was not special to hear Christians, especially Christian youth, praying for the nation, which was believed to be under the forces of darkness. A ll night prayer meetings, moderation and prayers for the nation were common in the church and parachurch organisations such as the one mentioned above.I want to say that the above is true, but the opposite is also true and if we as Christians dont wake up, we are going to miss the hazard to have an influence in politics. People all over the world still think that religion in politics is a negative and bruising issue that needs to be avoided. We really need to change the way people are thinking and acting in our country. We need to have change in our religion, having some objective value that can guide us. If we look at our political leaders when they speak, we must be able to say they are right or wrong, not from a political perspective, but from a religious perspective. The scriptures that we use must be not white or black, but the scriptures of the Holy Word of God. It is the absence of religion in politics that creates this huge gap in our society. We really have to be critic al in this analysis. What are we going to do as a nation? Can a nation return to God? I think the question is, can we as a nation rise above our racial and discrimination issues and form one church? If black and white churches unite and stand together, the prayer and fasting for our nation will come back. The youth in this country will stand together and fight for religion and not for politics (MCain, 2008).Distinguish between the concepts state, government, politics and church.StateA State is a self-governing political driven place. A state has territory which has internationally recognised boundaries and sometimes there can be quarrels over boundaries. A state has got the following in itPeople that are staying and living there permanently.A strong or pallid economic structure.A government that must supply things like police services and public services.A state can enter into relations with other states.A state is a nation? Where there is a state there is a nation? Governments can change but a state can stay static and not change for a very long time. Most of the States have sovereignty over their countries so that other states peddle interfere. In Somalia this very same thing happened due to civil war. Somalia was part of the internal strife and because it had little authority outside Afghanistan, Somalia collapsed (Global Policy, nd).GovernmentA government can be seen as a body within the community or an organisation that makes and enforce the laws, rules and regulations. A government is committed to the promotion and defense of human rights and human dignity. They are there to establish a society based on democratic values and social justice. The government must flummox the foundation for a democratic and open society which is based on the will of people and where every citizen is equally protected by law. They definitely have to improve the quality of life of all the people supporting the government of that day. It is necessary to construct a culture of peace and replacing a culture of violence and disregard for human life. For me, this is what a government must consist of (Kunhiyop, 200477).PoliticsPolitics is a need for the general public to have a representative in places other than the ordinary home or workplace. Candidates make themselves available to be elected through votes so that they can represent the people in different public and government organisations (Wikipedia, 2010).ChurchA church is a Christian religious organisation made up of a congregation, its members and clergy. The religious body is organised with constitutions and laws so that the church can function well. Churches often belong to a broader tradition within the Christian religion, like the Dutch ameliorate church, sharing in a sense a history, culture and doctrinal rules with other church (Davies, 2009).Renwick and Harman (1958) said the following with regards to the churchHere we see the fulfilment of our Lords words that, although His kingdom was li ke a grain of mustard seed, it would yet become a great tree sheltering the birds of the air (Luke 1319). The small and seemingly swooning church became a mighty organisation known throughout the land. Its history shows its moral grandeur it shows, too, certain defects arising from human weakness and the love of profane pomp and power contrary to the spirit of the Master. WeTheories of African Christian EthicsTheories of African Christian EthicsINTRODUCTIONBefore I begin, let me first suggest to you the overall task of Christian Ethics. If I speak about ethics, I speak about Who we are, how we are to perceive our world and how we are to live in this world. This is the main crux of Christian Ethics. In this assignment I would like to demonstrate a working knowledge of African, Western and African Christian Ethics. I will also look at the differences between selected ethical theories.ASSIGNMENT 1Explain Western Ethics and evaluate the effect it has on our understanding of ethics. U nderscore both the positives and negatives it has brought about in ethical thinking.According to Barnhill (2009) the Western tradition has four major approaches to ethicsThe first two listed (Utilitarian Ethics and Deontological Ethics) are modern developments and they dominate modern philosophy. He says that Virtue ethics is as old as Plato and is making a bit of a come-back. cancel law ethics is relatively popular among environmental ethicists.After reading his Environmental studies, I have come to realise the followingThis study speaks about goodness and badness. We can identify happiness with the good and sees virtue as a major part of happiness. We can explain that happiness and virtue should be detached. If we look at virtue it relates to good will, a good will is good in every circumstance and is absolute or unconditional good. It grows when you act for the sake of duty. A human action is morally good and is done for the sake of duty. Western Ethics shows us that an action ca n be propel by duty and has moral worth. Not because of the results it achieved, but for satisfying a formal principle. The principle of performing ones duty, whatever it may be. People have impulses and desires and that is why the moral law appears to us as a law that we must obey. This impulses and desires is our only source for moral judgement. This is our free will. Our free will can create a moral law and we will obey it. The human mind is able to know what is good and evil. To have value judgement is born from inwardly of us. This is called your conscience. Most people recognize that man is free to make his or her moral decisions. On the other hand, all the things that we do wrong come from our human desires. Men and women should follow the will of God. Use the will of God to make certain decisions in life. There is a universal moral law, the knowledge to free ourselves from human desires. We are free to make good and sound moral judgements. In the approach of care and the c ommunity, too much Western Ethics has given individuals the right to think about themselves. We must build love and compassionate relationships among people. The full theory of ethics would have to accommodate all four aspects of Western ethics. One way to sometimes approach Western ethics and the influence it has on ethics is based on four aspects like rights, goods, virtues and our relationship with each other. We must look at the following questions likeDo our actions violate another persons rights?We must try to achieve good in life.Look at our integrity.Care for each other.Ethics and even Western Ethics can never be static and with Western Ethics there are certain frameworks and principles. We dont know whether Western Ethic has a future, but it really and most definitely do have a past. We can see that the patterns of the Western moral personality will continue to surface and really have to be dealt with, either through painful reflection or painful restructuring (Kunhiyop, 20 0429).Define in your own words Contemporary African Ethics. Highlight its important characteristics.Kigongo (nd) says that Contemporary African Ethics is a combination of African ethical tradition and European ethical tradition.What better way to describe Contemporary African Ethics than the word Ubuntu. Ubuntu means that people are people because of other people. In Africa nonexistence can survive alone, we need each other to survive. I think that we are all searching and suggesting new directions which to follow in pursuit of African values. We can say that the foundation of African ethics is definitely a humanistic worldview. Everything about the community is seen to exist not just in the here and now, but also in the past, through those who have already gone and also in the future, those who have yet to come. It is the past that influence the present and the present the future. Why, we ask, has this worldview, with the emphasis on respect for all mankind, support and responsibi lity not travel through the whole world yet?You remember in the assist paragraph I spoke about Ubuntu. Well, I can say that this worldview is expressed by the very society that lives according to it. If the community follows Contemporary African Ethics, they are living testimonies to their worldview. This worldview is worth reviving and respect for another, especially a stranger, is well known to communities in the south of the Sahara. With them a visitor was to be welcomed and feted, not suspected and resisted like in some of our communities (Kunhiyop, 200423-27).Africa is currently looking at a new future when it comes to African Ethics. Africa believes that its own worldview has so much potence and contemporary messages to give. Africa does not have all the above on record, but the culture itself speaks of enrichment and value. Definitely African values can be included in everything in life, for example in institutions of higher learning. The world needs more Contemporary Africa n Ethics (Kunhiyop, 200413).Identify the key aspects of African Christian Ethics.I hear what Okolo (nd) saysFirst, the African may well count himself fortunate to be blessed with such a basically sound and enduring religious and moral tradition. But this does not at all mean that the Christian religion based on Christs love ethic constitutes a mere superficial proportionality in his moral life. The Christian religion means for the African fundamental changes in many of his cultural values and options such that a real reincarnation is required for him to be a Christian in the authentic meaning of the term and in its ethical implication.I think that the African society is in a moral crisis. The African are having an identity crisis and have shifted away from their value system. Their moral values they gave away for other value systems. In a sense the first aspects is the fact that they have betrayed the African value system by analyzing it with the socio-economic and political impli cations that are taken from all the different value systems. The guerilla aspect for me is the fact that Africans are now abandoning their value system by trying to embrace other systems, namely liberalism and utilitarianism. The consequence of this above mentioned shift is that the African will no longer be known by what he is, but by what he has acquired by different means. The African have anomic the sense of Who am I and this created the moral crisis in South Africa. If we look at virtue ethics, I think it could help us to redeem the African value system as well as every individual in South Africa. Virtue ethics is intended to provide a society in which people can live a meaningful life. There is a general agreement amongst the African people that the African cannot be delimitate except in the closeness of the community. We can see the closeness of relationship between the individual and the social nature of the African. The African system is not concerned with material issue s it is concerned primarily with human beings in their relationship with one another. It is like that, the community means that the community alone can constitute the context, their social and cultural space. Africans needs to find freedom and responsibility in themselves and also in other people in South Africa.CONCLUSIONWhether African Christian Ethics will start a different socio-economic and political arrangement remains a question that needs to be explored in-depth.BibliographyBarnhill D L 2007. quaternary Traditional Western Approaches to Ethics. Online article http//www.uwosh.edu/faculty_staff/barnhill/ES_375/ethics.html, 07/01/2009.Kunhiyop S W 2004. African Christian Ethics. United States of America Hippo Books.Kigongo J K n.d. The Relevance of African Ethics To Contemporary African Society. Online article http//www.crvp.org/book/Series02/II-8/chapter_ii.htm, 13/01/2009.Okolo C B n.d. The African Experience of Christian Values Dimensions of The Problematic. Online article http//www.crvp.org/book/Series02/II-3/chapter_xi.htm, 13/01/2009.INTRODUCTIONThe Bible is an expression of Gods will to us and possesses the right supremely to define what we are to believe and how we are to conduct ourselves. In the book African Christian Ethics Samuel W. Kunhiyop gives us guidelines in biblical Christianity for Africa. Although Samuel Kunhiyops book does not deal exclusively with the role of the Bible, I will review his book to get to the core. We know that everything stays the Gospel of our Lord Jesus Christ. To review a great Theologian like Samuel W. Kunhiyop, I dont think it is for me to comment on the way he wrote his book.ASSIGNMENT 2Write a critical book review of the course textbook Samuel Kunhiyop (2004), African Christian Ethics.In the introduction Samuel describes the need for writing this bookChristian ethics is often regarded the same as Western ethics, but they are really not the same. The two have become confused because Western missionaries did not bring a true and honest gospel but one that is different from the true gospel. Students who should be studying African Christian ethics are too often busy with the wrong ethical theories coming from the West. What should be taught in African theological colleges is an ethics that is African, biblical and Christian. That is what this book seeks to give to its reader (Kunhiyop, 20048-10).We can find a lot of information on African Christian Ethics through the internet and there is a lot of information for Western churches to use. Hippo books are so popular that they are used by many publishers and are well known throughout the world. Some of the publishers like Zondervan and African publishing houses also make use of Hippo books. Hippo books create an environment for the learner or student to get acquainted with all sections of Theology. Hippo books have got information and theories of many of scholars who share their knowledge and experience with us. Hippo books have got a vision to help with the growth in all African churches so they can see their culture from an evangelical perspective. Hippo books also published African Christian Ethics which I am about to review (Davy, 2010).Samuel Waje Kunhiyop was previously the Professor of Theology and Ethics at ECWA Theological Seminary. He holds a Bachelor of Theology, Masters of Theology and PhD at Trinity International University, Illinois. Samuel Waje Kunhiyop was ordained by the Evangelical Church of West Africa as a minister. Currently he is one of the heads of the Postgraduate School at the South African Theological Seminary (Kunhiyop, 20044-5).The need for an interpretation of Christianity and all its aspects from an African point of view was necessary. One such aspect is the question of Christian ethics and how it is affected by Africa and its enormous cultural variety. Samuel identified the need to explore and explain the many questions that arose around the issue of African Christian ethics. According to Ku nhiyop he started in his life seeking to find all information and truths about African Christianity. He studies for 8 years in Nigeria for his undergraduate theological training and another 7 years in the United States for his graduate theological training. In 1993 he went back to Nigeria and has been teaching now there for 11 years. Samuel is a great teacher of the Bible, Theology, Ethics and Philosophy. In 1994 he was teaching to a group of students and after finishing with them he asked the students What did you learn from this course? One of the students stood up and answered with the words nothing. Samuel was stunned and because of that answer, he started to investigate and wanted to seek for the right answers. He realised that the information he gave through to the students did not pertain to them and their culture. He knew that he needed to do more for the students for them to succeed in life (Kunhiyop, 20048-9).If I can mention that it was very difficult to find the book in the library and Protea Bookshop gave an indication that it would take 10 weeks if I order the book. The book had to come from Kenya.When we look at the life of Samuel Waje Kunhiyop, we can see a Christian who believes in Jesus Christ as his personal Saviour. Although he did most of his studies overseas, he was born and raised in Africa. He wanted to help and assist African Christians struggling with their own situations and problems. He recognized that Africans, and even more so, African Christians, needed guidance in relation to the interpretation of their public personal problems within an ethical frame of reference (Kunhiyop, 20049).At first I didnt know what to make of the book African Christian Ethics. The book seemed extremely difficult to read, interpret and understand. Why might that be, I asked myself. Then I came to a conclusion. It was because I knew nothing about the Africans and their unique, intricate and diverse cultures. The only knowledge I have is about my own cu lture and roots. In Ethical Foundation Section one Samuel Waje Kunhiyop explains what African morality and the African culture consists of (Kunhiyop, 200411). It is grand to read about my fellow African inhabitants within their interesting context. The songs they love to sing and the stories they love to tell. Then suddenly, the way of the African opens up to you and you begin to understand everything. The style in which the book has been written became much easier to read and interpret. As soon as I caught the drift of things, I enjoyed reading the book immensely. Samuel Waje Kunhiyop has done a lot of research to get to the truth. He also incorporated Biblical content to support his findings and to better explain the interpretation of these findings from a Christian point of view.At work my responsibilities include informing the soldiers about HIV and AIDS. With the knowledge that I gained from Samuels book I can now understand the African soldier better. It also helped me in bui lding better relationships with the soldiers, as I better comprehend their training of thought and understanding of Christianity. Samuel Waje Kunhiyop, through this book, opened up the eyes of many people, scholars and foreigners, although I think there is many more to explore and more information to gain. In South Africa a lot of African people are still confused and do not have identity. I can see that when I work with the youth in South Africa. The youth are lacking the strong morals and values they need to become better human beings in their communities and societies. The content of this book is magnificent and I would definitely encourage other individuals to read it and apply it to future situations with the African cultures.Let us explore the content of the book in detail to labor the crux of what Samuel Waje Kunhiyop want to explain to us. I believe Kunhiyops work is excellent and I want to give him all the credit for this book.The book is divided into two sections, section one Ethical Foundations, Chapter one, two and three deals with the theory of ethics, while section two Contemporary Ethical Issues, Chapter four to thirteen discusses practical issues. Issues that is so relevant that we can apply it in our daily lives. The issues are grouped in the following order, as given in the Table of content Political Issues, Religious Issues, Medical Issues, Welfare Issues, Financial Issues, Witchcraft Issues, AIDS Issues, Marriage Issues, Sexual Issues and Reproductive Technologies. Each chapter begins with a general introduction followed by the chapters transaction with the specific issues in that area. Samuel does not go into a detailed debate regarding War, rather, he looks at the wars and conflicts in Africa and then examines the Bible to find an answer (Kunhiyop, 20042). startle with Contemporary African ethics, we can see that the African society does believe in God as the highest order and as the sole creator of earth and mankind. Secondly they stand under the authority of spirits and ancestors who are the leaders and instructors of good and evil. The distinct differences between morality and ethics are not acknowledge as they experience it as one with their religion. These assumptions are only written on paper as there is no documentary proof of the history or origin thereof. The growing up and teaching or learning through the elderly and community by word of mouth is their reference in life. Most important is the tribe, community and family rules for belonging and not to be a single individual with his or her own set of rules and regulations. Believing in the spirits and the ancestors justifies certain actions as long as you dont get caught and therefore has a deterrent effect on your family or community. They also believe that you must keep the spirits happy in order to be blessed and not to be cursed in life. Mostly the interaction between family (grandfathers, grandmothers, fathers, mothers, brothers, sisters, uncles, aun ts, cousins, nieces and nephews) and the community (neighbors, friends, etc.) is a vital link to the forming of the African cultural inheritance (Kunhiyop, 200411-28).Secondly, while Western ethics were founded and applied by numerous leaders of the Enlightenment eras, it had different positive as well as negative impacts on society. One example that has a negative impact on the biblical views of the religious community is the loneliness factor where a woman has the sole right to apply abortion if she wishes to. Furthermore I do believe that technology is good for anybody except where it is applied have a negative result to humanity (Kunhiyop, 200429-46).The reading and understanding of African Christian Ethics was very difficult. Samuel makes mention of many authors and in text citing. The English language he used in Chapter three to point out his facts is confusing as to get the history facts straight. What I do understand from this Chapter is that Samuel writes that Christian th eology is the backbone of African Christian ethics and that it will be useless if the Scriptures are not part of the guidance to the rules of African Christian ethics. The Black African Christian has a rule of ethics whereby their ancestors are always consulted and is a part and parcel of their decision making. Therefore in their ethics within certain issues they leave out God in certain other issues they consult Him. He explains that African ethics is deeply rooted in the soul and that it becomes personal, influencing the mind, heart, body and spirit of a person. If a family member has got an issue, that issue will affect the immediate family, as well as their distant relatives. It will influence those who are living and those who are dead, but still interested in the affairs of the living. To understand the community is to understand African ethics. This is a critical tool and must be used when studying African ethics. These ethics are developed in interaction with the past, the p resent and the future, nothing or zippo can be excluded. God, the spirits of the departed, the ancestors and good and evil will always have an enormous influence on the morality of the people. Why, because they are African and full of culture. Although the Bible does not support the doctrines of demons, evil spirits and witchcraft, many Christians are unaware of what the Bible teaches on the subject. Christians believe the Bible also serves as an signifi affectation moral influence, thus in Africa there is no such thing as an ethical system that has no practical and religious implications. There will always be principles or rules that guide behaviour. These principles or rules are intertwined with practices of ethics and work nicely together (Kunhiyop, 200447-70).Samuel takes into account all the factors that are historically even to the given topic and describes each problem in detail. In each problem he looks for a Biblical perspective on the issue, usually request what the Old Testament says and what the New Testament says. This he does by also including the churchs response and the separate African churchs response before drawing an overall final conclusion. This method which he is using is effective because it keeps the Western reader aware of the differences between the West and Africa approach to ethical problems. The Western and traditional African understanding of ethics has affected the ethical thinking of Christians. We need to change our perspective of the church because the church is constantly growing and becoming stronger in other part of the world. To conclude his thoughts Kunhiyop offers an outline for decision making. He based this outline on five important principles God is the ultimate model of morality. The Scriptures provide the only authority in matters of morality. Every aspect of life is subject to the laws of the Scriptures. The scriptures must be properly interpreted and the community of faith can provide support, responsibility and accountability. The world provides the boundaries in which we live out this morality and ethics (Kunhiyop, 2004).I really dont see any difference between Western Christian Ethics and African Christian Ethics. Kunhiyops point is actually what is underlying these ethics. Understanding the different world views on Christian ethics paves the way for Western churches to be influenced by and to have a greater influence on the African churches and their day to day functions. It is important for Christianity to overcome the barriers of culture and language. We are after all loved by Christ regardless of ethnicity and the limitations of the human race. I regard it important to note that even though the ethical values between the Western civilization and the African cultures are similar, the traditions within the set framework of each group changes the interpretation and thus also the outcome of the ethical concepts. It is in this idea that the key to unlocking Samuels thinking process l ies. He understands, having been exposed to both African and Western culture, that these differences, however subtle some may be, have an immense impact on the eventual interpretation of a persons set of ethical values. Christian ethics cannot be separated from its religious foundation. The important thing is that God requires something of man and that He stands ready to reward the obedience and punish violation. God has something to do with the very meaning of obligation. This book explains these issues well. The Western world is now faced with a choice are we going to utilize the tools that will enable us to bridge the gap between two very different civilizations or are we going to sit back and do nothing? With the right understanding of Africans and how they interpret ethical values we can incorporate a set of Christian ethical values that will, without a doubt, benefit both parties (Kunhiyop, 2004).CONCLUSIONThe churches need to understand and interpret African Christian Ethics for them to survive in their communities. Let us think about this and understand where Kunhiyop comes from.BibliographyDavy T J 2010. HippoBooks African Evangelical Imprint. Online article http//bibleandmission.wordpress.com/2010/01/19/hippobooks-african-evangelical-imprint/, 15/01/2009.Kunhiyop S W 2004. African Christian Ethics. United States of America Hippo Books.INTRODUCTIONMust Christians become involved in politics? In Romans 131-7 God is proclaiming that the government belongs to Him. God also tells us that we must follow the government of the day. Let us now try and establish a link between the church and the state.ASSIGNMENT 3Evaluate the practical value and effectiveness of the four factors of change in the church and state relations.Political FactorBishop Desmond Tutu exclaimed,Now I am going back to the church to do the real business of the church and leave politics to those well qualified to do it (Kumalo, 2009).When Nelson Mandela became the new president of South Afr ica that was then that there was an active democratic development in South Africa. Bishop Buthelezi also made the same statement on his farewell function. If we look at the church leaders we can see that most of these prominent leaders came from the political milieu and then go over to the church. On the other hand the other side of the coin is also true, church leaders sometimes also join departments and commissions. We dont know if what the two theologians above said, made the church to withdraw from politics, but they do make us to think about the church and their leaders in South Africa.The Sociological FactorIt is true that Muslim politicians go to the Muslim community for their votes. In the Christian community the Christian politicians will go to the Christian community for their votes. The recent call by General Muhammadu Buhari from Nigeria that Muslims should vote only for Muslim candidates in the forthcoming elections in 2003 has generated a lot of controversy. It is impo rtant to understand why this is the case. The morality issue of Buhari could be defended from the point of view of his fundamental right. In other words, he has the freedom and fundamental right to take any position on any issue. The changing relationship between religious groups and the state opens up new challenges and new possibilities. More and more people of different religious groups are getting intertwined and use each other to accomplish goals (Kofarmata, 2009).The economical FactorGod has not called Christians just to work in the church, but however he has called us to get involved with all the economical issues in the world. In any case, God is in us and not just in the church. The gifts of the Holy Spirit that God has bestowed upon us and the calling from God, means getting involved in identifying the causes of poverty. We can address these problems and help the needy with the support of God. This means that it is not only the responsibility of the government, but a resp onsibility of the church. Christianity also means getting involved in politics so that the people can have a better life. Christians must try to create and provide on the job training for other people also encouraging them to find jobs. The African church specifically must get involved in politics and government. The church needs to educate their people so that everybody can make positive contributions to our country and government (Kunhiyop, 200474).The Religious FactorAccording to McCain (2008) the last two decades of the twentieth century have been known by for great explosion of Christian activity and Christian growth.Kunhiyop (200474) saidDuring the 1970s it was not strange to hear Christians, especially Christian youth, praying for the nation, which was believed to be under the forces of darkness. All night prayer meetings, fasting and prayers for the nation were common in the church and parachurch organisations such as the one mentioned above.I want to say that the above is true, but the opposite is also true and if we as Christians dont wake up, we are going to miss the probability to have an influence in politics. People all over the world still think that religion in politics is a negative and painful issue that needs to be avoided. We really need to change the way people are thinking and acting in our country. We need to have chemise in our religion, having some objective value that can guide us. If we look at our political leaders when they speak, we must be able to say they are right or wrong, not from a political perspective, but from a religious perspective. The scriptures that we use must be not white or black, but the scriptures of the Holy Word of God. It is the absence of religion in politics that creates this huge gap in our society. We really have to be critical in this analysis. What are we going to do as a nation? Can a nation return to God? I think the question is, can we as a nation rise above our racial and discrimination issues a nd form one church? If black and white churches unite and stand together, the prayer and fasting for our nation will come back. The youth in this country will stand together and fight for religion and not for politics (MCain, 2008).Distinguish between the concepts state, government, politics and church.StateA State is a self-governing political driven place. A state has territory which has internationally recognised boundaries and sometimes there can be quarrels over boundaries. A state has got the following in itPeople that are staying and living there permanently.A strong or weak economic structure.A government that must supply things like police services and public services.A state can enter into relations with other states.A state is a nation? Where there is a state there is a nation? Governments can change but a state can stay static and not change for a very long time. Most of the States have sovereignty over their countries so that other states cant interfere. In Somalia this very same thing happened due to civil war. Somalia was part of the internal strife and because it had little authority outside Afghanistan, Somalia collapsed (Global Policy, nd).GovernmentA government can be seen as a body within the community or an organisation that makes and enforce the laws, rules and regulations. A government is committed to the promotion and guard of human rights and human dignity. They are there to establish a society based on democratic values and social justice. The government must take down the foundation for a democratic and open society which is based on the will of people and where every citizen is equally protected by law. They definitely have to improve the quality of life of all the people supporting the government of that day. It is necessary to construct a culture of peace and replacing a culture of violence and disregard for human life. For me, this is what a government must consist of (Kunhiyop, 200477).PoliticsPolitics is a need for the genera l public to have a representative in places other than the ordinary home or workplace. Candidates make themselves available to be elected through votes so that they can represent the people in different public and government organisations (Wikipedia, 2010).ChurchA church is a Christian religious organisation made up of a congregation, its members and clergy. The religious body is organised with constitutions and laws so that the church can function well. Churches often belong to a broader tradition within the Christian religion, like the Dutch meliorate church, sharing in a sense a history, culture and doctrinal rules with other church (Davies, 2009).Renwick and Harman (1958) said the following with regards to the churchHere we see the fulfillment of our Lords words that, although His kingdom was like a grain of mustard seed, it would yet become a great tree sheltering the birds of the air (Luke 1319). The small and patently weak church became a mighty organisation known throughou t the earth. Its history shows its moral grandeur it shows, too, certain defects arising from human weakness and the love of sophisticated pomp and power contrary to the spirit of the Master. We