Irish Immigrants and Their Struggles

Irish Immigrants and Their Struggles Shelby Stauble ETH/125 3/21/10 Twyler Earl The Irish people left Ireland and immigrated to America to enjoy a better life, get away from the poverty and starvation that they were faced with in Ireland due to the potato famine. They face all kinds of discrimination and were forced to take the worst types of jobs, but they never gave up and kept fighting for their freedom. The Irish were brave, courageous, and hardworking and made it possible for all Irish to live happy and free lives in America. The Irish immigrated to the United States starting in 1820, more came after 1820 due to the potato famine which started in 1845, rotting of the potato crops caused thousands of deaths due to starvation. The Irish were forced to leave their country because they had no money nor did they have any way to eat. Between 1820 and 1880 3. 5 million Irish immigrated to the United States to ease their suffering and in hope of a brighter future. (Immigration,  n. d. ). A lot of the Irish who set out for America in hopes of a better life knew that immigrating to America would not be a completely joyous occasion. The Irish left Ireland to get away from the poverty, disease, and oppression and knew they would never set eyes on Ireland again. The ships the Irish were placed on to come to America were known as coffin ships because of their terrible conditions due to the overcrowding of the ships. Once the Irish arrived to America they were greeted with large men who took the Irish’s bags and forced them to live in tenement houses where they were charged outrageous fees to stay. The Irish were noted as the lowest group of people in America during the 1950’s. (Kinsellas,  1996). The Irish were treated poorly because Americans viewed them as bad influences for neighborhoods; they were forced to live in shacks and could not find jobs because most work places did not want the Irish working at their establishments. According to  Kinsellas  (1996),  the Chicago post wrote â€Å"The Irish fill our prisons, our poor houses†¦ Scratch a convict or a pauper, and the chances are that you tickle the skin of an Irish Catholic. Putting them on a boat and sending them home would end crime in this country. †(para. 4). Although the Irish were put down by Americans they never gave up and continued to press on. They were discriminated against but stuck together which helped them survive in America. The Irish face all types of discrimination; for example, environmental justice issues, meaning they were placed in terrible environments, such as the shacks they lived in and the boats they were brought to America on. They faced redlining, meaning they were denied certain job position and were forced to pay a large amount of money for housing. They double jeopardy because they were Irish and catholic, the Americans saw this as two good reasons to treat the Irish poorly. The Irish faced institutional discrimination they were not given the same jobs and or opportunities that the average American was given because the American people felt as though the Irish were a terrible group of people. The Irish were given the worst jobs America had to offer and only because those jobs were the only ones offered to them. They faced class ceiling discrimination because the Irish were unable to move on to better positions at their place of work. The Irish were given the most terrible jobs and even though the American people thought the Irish were good workers they were still unable to move up in their jobs. I chose the Irish people for both assignments but I feel that I do identify with the Irish culture in many ways. I never have had to deal with the major discrimination they faced and I must thank my ancestors for that because if it were not for all of their courage and strength I would not be able to enjoy the life I have today. I am a very hard worker just like my ancestors were and I am proud to be able to say my ancestors worked hard for me to be able to continue living in America. The Irish were hated by many but eventually gained the respect of the Americans by proving they were hard workers and would never give up on being accepted. The Irish never let the discrimination they face get them down; they stuck together and did what they had to do to survive. It may have been a long road but the Irish were eventually accepted because of their hard work ethics and good attitudes. References Kinsellas. (1996). Irish Immigrants in America during the 19th century. Retrieved from http://www. kinsella. org/history/histira. htm Immigration. (n. d. ). Immigration The Journey To America. Retrieved from http://library. thinkquest. org/20619/Irish. html

Relevance of Swami Vivekananda’s Thoughts in Management Education

Management education is a great beneficiary of Indian economic reform, where transformation from state controlled market to free market is imperative. In India, MBA degree has been perceived as a way of achieving assured careers and sound wages at early stage of life. The ambition of Indian youth today is to get a job in the business, industrial or service sectors and settle down well as early as possible. No doubt management education is needed an infusion of professional ability but the given value to society is equally important. Unfortunately, Management education in India has been so distorted and diluted in its execution as to lose nearly all the social intent. In whole spectrum, the role of intuition, value and social recognition gets short shrift in the Management education. Emphasis is only on the knowledge content, on which examination is conducted. All other useful knowledge areas and skills are vastly neglected. Like spiritual knowledge does not find an appropriate place in the curriculum. Therefore students have no opportunity to know about their faith, culture and values. The knowledge they gain is mainly bookish and is not backed by practical experience. About a century ago, Swami Vivekananda had envisioned a vision on education and had categorically pointed out that true education is not the amount of information that is put into one's brain. The human mind is not a bottomless dry well, which has to be filled in with buckets of information by the teacher. He had said that education has more to do with assimilation of ideas and developing ‘a mind of the same material as that of which the thunderbolt is made'. He suggested, was to be done with the help of ‘Western science coupled with Vedanta †¦ and faith in one's own Self'. What type of management education will provide this enlightenment? According to Swamiji, ‘The training by which the current and expression of will are brought under control and become fruitful is called education'. He wanted a man-making education ‘by which character is formed, strength of mind is increased, the intellect is expanded, and by which one can stand on one's own feet'. Swamiji emphasized need of following points in education system. * Role of teacher * Spirituality * Accessibility of knowledge * Plural attitude Role of teacher Both the teacher and the student are active participants in the teaching-learning process. The teacher should look upon the student not as a mere physical being but as a living and dynamic mind that struggling to manifest the light of the infinite soul. The teacher should facilitate this process of self-discovery. Teacher should not try to fill the mind with information and knowledge only. Instead he should attempt to unfold the creativity within by stimulating and strengthening the mind. The teacher has to carefully nurture the conviction and faith in the mind of the students. Needless to say, teacher requires faith, patience, perseverance and firm conviction. This ideal of faith in oneself, or Atmashraddha, would be greatest gift of a teacher to the student. Spirituality Swami Vivekananda brings this out very clearly in his immortal works. He said: If there is any land on this earth that can lay claim to be the blessed Punya Bhumi †¦ the land where humanity has attained its highest towards gentleness, towards generosity, towards purity, towards calmness, above all, the land of introspection and of spirituality—it is India. †¦ the Indian race never stood for wealth. Although they acquired immense wealth, perhaps more than any other nation ever acquired, yet the nation did not stand for wealth. It was a powerful race for ages, yet we find that that nation never stood for power, never went out of the country to conquer. Quite content within their own boundaries, they never fought anybody. The Indian nation never stood for imperial glory. Wealth and power, then, were not the ideals of the race â€Å". Swami Ji enlightened that human peace and happiness depends not on the wealth they possess, or the power they wield, or the scholarship they have acquired, but by living a life of renunciation and having the awareness that they are part of the entire universe and that all constitute one family, V asudhaiva Kutumbakam. Accessibility of Knowledge Swami Ji emphasized on accessibility of education . He said: If the mountain does not come to Mohammed, Mohammed must go to the mountain. If the poor cannot come to education, education must reach them at the plough, in the factory, everywhere. How? You have seen my brethren. Now I can get hundreds of such [all-renouncing sannyasins], all over India, unselfish, good, and educated. Let these men go from village to village bringing not only religion to the door of everyone but also education†. Students must also be educated about the social world—the nature of the society he lives in, the laws that guide it, and the culture it has evolved. Plural Attitude In era of globalization people are coming closer than ever to each other. People of different languages, beliefs, religious faiths, political convictions and ways of life have come to live closely. Everyone has a right to his way of life. Dogmatism and bigotry have no place in globalized world. Therefore management education must instill these qualities in students. Thus, Swami Ji's thoughts on education are like an ocean. The more we ponder the more we get. We have to pursue the ideas of Swami ji with a deep sense of commitment to achieve objectives of education.

Reflective paper Essay Example | Topics and Well Written Essays - 500 words - 7

Reflective paper - Essay Example I proceeded onto Payco America under external consulting roles for 12 years, training, customer service roles and receivable operations in healthcare, as the first female Vice President of ops. I then decided to go to Marquette’s Law School. In Aurora, I assumed a number of roles: receivables, billing, business office, compliance after MUL graduation, VP operations and worked finally as a chief of staff. My current role is working with PMs, tools and methodologies of PMs, as the Chief Integration officer for outsourcing and technology division, which supports the management cycle of revenue in the sector of the healthcare (Shapiro et al, 2006). My story is to share a process measurement strategy that Aurora used in activating its strategic plan, including the method of the effort, management of the spawned projects and outcome measurement. This will encompass the purpose and intent of the process, including the annual flow of the effort and actual work effort of a team. The process’ purpose was to create discipline around the execution and selection of the organization’s tactics that achieve target plans for patient satisfaction, employee satisfaction, quality, financial performance and growth (Shapiro et al, 2006). The process was disciplined, structured, replicable and facilitated. From the lessons we learnt, play books are completed by leader-led teams with program accountability. They take 75-90 days to be developed: including: planning, vetting/ approval, funding, and building individual actions, and culminates in a semi-annual event. This effort takes leaders, and if done well, it is part of an â€Å"e vent†, and commissions a commitment. Playbook creation involved: the overarching charter which described the team’s game plan, the timeline which demonstrated the launch and duration of each individual initiative, outcome

Confidentiality Research Paper Example | Topics and Well Written Essays - 1250 words

Confidentiality - Research Paper Example xviii ). They fear that they will be considered weak and dependent if they show their ‘real’ feelings to others (Aveline, 1997, p. xviii ). Hence, the only option that remains with them is to seek professional counseling to heal themselves from psychological and emotional problems. The assurance that the intimate emotions and thoughts they share with the counselor will remain confidential, is a huge driving force behind people going for counseling. Hence, confidentiality is one of the strongest foundations of the relationship between the counselor and the client and hence, the counselor should take every care to maintain confidentiality. Only confidentiality assures open and positive involvement of client in the counseling process. However, the concept of ‘confidentiality’ has a potential to create huge ethical dilemma in the mind of a counselor. Hence, the true test of counseling profession comes when counselors face the ethical dilemma of confidentiality, and only those counselors are considered competent and efficient who know when to follow the code of confidentiality, and know when to breach it. Definition ‘Confidentiality’ in counseling has wide range of ethical aspects attached to it. To honor and maintain ‘confidentiality’ in the process of counseling, it has to adhere to certain requirements regarding the information discussed in the counseling sessions. ‘Confidentiality’ is an agreement between the counselor and the client that the information and the learning that takes place in the session will not be disclosed to anyone outside the session by the counselor (MacLennan & Dies, 1992, p. 88). When the information given by client is kept secure and its disclosure is controlled by the counselor, then it can be said that he is maintaining confidentiality in the counseling (Bond & Mitchels, 2008, p.13). However, the requirement of ‘confidentiality’ does not end here. Maintaining ‘confidentiality’ in the counseling process also requires the counselor not to disclose to anyone that the client is undergoing counseling or therapy (McLeod, 2004, p. 102), as this information can harm the reputation and social position of the client. Even though people take counseling because they are not able to fulfill different roles in their lives properly, they wish to portray socially that they are functioning efficiently in every aspect of their lives (Bond & Mitchels, 2008, p.15). Hence, as there are high stakes attached to the importance of confidentiality in counseling, it has become a legal duty of the counselor to keep client’s information safe (Corey, 2009, p. 41). Moreover, confidentiality is considered a core of counseling as it helps in creating the most important aspect of counseling and that is, a feeling of trust. Importance Of Confidentiality People seek counseling when they are in psychological and emotional distress. They approach counselo r only when they realize that they won’t be able to handle the situation, or find the solution to their problem, on their own. However, discussing personal matter with a ‘stranger’ is not an easy thing to do. Hence, the client’s right to privacy gave birth to the concept of confidentiality in the field of counseling and psychotherapy (Corey, 2009, p. 41). Even in case of group counseling, sharing the personal information of the client with others in group without his permission can be destructive and damaging to the relationship and the goals of counseling

Contemporary Theories of Political Economy Assignment

Contemporary Theories of Political Economy - Assignment Example Power in such regimes is completely centralized enabling power to concentrate on a few people and all those who dare to challenge or oppose them are cut out. Corruption and other forms of oppression are used to ensure that this person stays in power. The rules in most instances are not sensible but the people are sanctioned to fear rather than respect the laws as the rules are not aimed at improving the relationship between the leaders and the ones being led but to keep the leader in power.   In authoritarian regimes power is concentrated on an individual dictator, a group of dictators (junta) or a group of political elite individuals. The power they seek to control is political power. While a totalitarian regime is focused on all aspects of the state even private life’s for instance in Libya the north African state during the Gaddafi era. Totalitarianism stemmed from Italian fascism. In the 1920’s leaders such as Benito Mussolini were striving to sell dictatorship in a new package such that it would acceptable to the people. The Italian philosopher Giovanni Gentile an Italian philosopher played a big role in making people see this system in a positive light. Seeing as this was a new political system, it blossomed because of the curiosity, people wanted to see whether or not this system would work and whether it was going to be beneficial to both the leaders and the people. At around this time (1920-1930) most state leaders were striving to unite their people as there was political tension due to world war one. This was after all the period countries were gearing to world war.

SLP 4 Electronic and Mobile Commerce Essay Example | Topics and Well Written Essays - 500 words

SLP 4 Electronic and Mobile Commerce - Essay Example The use of traditional chains of distribution has declined with rise of online retail industry. Manufacturers sell their spare parts, and off shelf industrial products through the online channels. However the major goods sold by industries through online channels as their primary sales channels. Companies have to show different prices, build to order option, enable live charts with engineers in case of configuration problems and accept purchase orders and bill to the corporate account. Interconnection of global digital platform has led to astonishing change in the entertainment, media and publishing industry. From books and printed papers, music on CDs, movies rented on DVD and TVs network that forced people to be in front of screen at particular times have changed into always on, easy to time –shift and always with you entertainment, movies, e-books, and music. Revenue is generated through outright purchase e.g. music or purchase of movie theater ticket (Mennecke & Strader, 2002). Second is often subscription e.g. cable TV fees. Next is through advertising fees. Companies pay a lot of money for global advertisement of their business. For example in 2013 global advertising media revenue were estimated to be $489.6 billion. Consumers go to a variety of online and offline services to help them make decision in car buying since most of industries fail to satisfy their needs. The buying process can be simpler and quicker if content on the auto industry in the website is customized to be more relevant to their specific car preferences. This can be achieved through innovation on web chats and mobile enabled websites (Xu & Quaddus, 2010). To reach to more customers the manufacturers and dealer sites should integrate and put in place easier and clearer pricing. Also the company should offer after sale services e.g. maintenance. Growth of internet has led to development of online and mobile banking. This has grown across deep and wide demographic

Role of Registered Nurse in Hospice Essay Example | Topics and Well Written Essays - 750 words

Role of Registered Nurse in Hospice - Essay Example Their goal is to reduce suffering, control symptoms and restore functional capacity of patients suffering from incurable, progressive illnesses. A RN in a hospice setting has to fill several roles from medication and supervision to emotional support. They also have to be extremely sensitive to the patient’s personal, cultural and religious values, beliefs and practices. Patients in hospice care are not on any type of life-prolonging medical treatment (Hussain, 2011). Instead, they are put on pain management and other comfort measures to assist them in the dying process (Hussain, 2011). Since it is not easy to care for patients with terminal illnesses, the role of a Registered Nurse is pivotal in ensuring that the patients and their families have a supportive and caring environment. A Registered Nurse in hospice care is required to perform a variety of roles as listed below: Case Manager As a case manager, the RN is responsible for assessing and managing the patient’s ca re. Each patient is assigned one case manager so that they can build a trusting relationship and ensure continuity of care. The RN is also the eyes and ears of the hospice physician and, therefore, must have expert assessment skills. As part of their role, the RN monitors the vital signs, manage medications, especially pain medications and take care of the overall needs of the patient (Morrow, 2009). They are required to assess pain, symptoms, nutritional status, bowel functions, safety, and psychosocial-spiritual concerns of the patient and the family (Knight & Gunten, 2004). The RN also plays a major role in educating the family about the disease progression, use of medications, daily care needs and other aspects of the overall plan of care (Knight & Gunten, 2004). If a patient has a food craving late at night, the RN will also arrange for someone to get it from the store (Morrow, 2009). If the patient is at home, the nurse may also help the family members in doing some of the hou sehold chores, so that the family can focus on their loved one. In a hospice setting, the RN has the unique opportunity to witness a patient’s last moments and therefore, they must be extremely compassionate and empathetic. They serve as advocates for the patient, ensuring that all activities work towards the benefit of the patient. They should also be a critical thinker so as to ensure that the entire stay of the patient in the hospice facility is supportive and caring. The RN is also required to educate and supervise the nursing assistants to coordinate care for the patient. Intake and Admission Nurse As an intake and admissions nurse, the RN is often the first hospice personnel to meet the patient. They meet with the patient and their family and spend a considerable amount of time with them explaining the philosophy of hospice and developing an appropriate plan of care (Morrow, 2009). The RN is also responsible for conducting a complete assessment of the patient and determ ining the needs and preparedness of the patient to stay in a hospice setting (Morrow, 2009). They then consult with the hospice physician before admitting a patient into the facility. Once the patient is admitted, the RN orders the required medications and equipment and begins educating the patient and the family about hospice care. Triage Nurse As a triage nurse, the RN

The Role of a CIO (Chief Information Officer) Essay

The Role of a CIO (Chief Information Officer) - Essay Example However, he is considered to be a key player in the CEO's panel. According to Tim Arnoult "the predecessors to today's CIO was the Senior Vice-President of Data Processing. The role was to post transactions to customer accounts and run daily financial statements for the bank. Today, every core process in the company is enabled with technology and the strategic focus is on the use of information to improve customer satisfaction and to gain competitive advantage. Twenty-five years ago, technology consisted of mainframes in the back-office; today the customer and the bank have the advantage of interacting directly with each other through technology."1 The accomplishment of the efforts put forth by the CIO highly depends upon the technological developments in the following six sectors namely information systems, system infrastructure, business systems, human resources, technology and relations. A competent CIO works by executing modified measures in the above-mentioned spheres in order to boost the IT operations being carried out in the respective company. The following paper is aimed at studying the roles of CIO in diversified fields, ranging from the discipline of learning to the administration sectors keeping in view, the challenging past of the CIOs and the prospects for them in the coming years. CIOs are the administrative executives whose primary task is to look after the services related to the information systems department. Integrating business stratagems into the technology sector of the firm is one of their primary objectives. Furthermore, they are also associated with the tasks of improving the organization's Internet and web projects and assist the CEO in attaining the targets aimed by the company by streamlining the business processes and the underlying features for IT operations. Above all, CIOs are the gurus, the symbols and the architects framing the global economy. Business Environments Affect the Role of A CIO Varying environments have a remarked impact on the roles being served by a CIO. Following are some of the milieus that could be experienced by any CIO working at any level in an organization. The first and the initial one being the Startup IT milieu in which the major responsibility of a CIO is to lay the basis for the IT infrastructure and incorporate it with the business-specific implementations. In this environment, it is the task for a competent CIO to work out ways for the expansion of business units. Next one being the High-tech business environment requires the CIO to indulge himself in the exploration of new scientific and technological discoveries and inventions in the fields of sales and marketing. He should work for the improvements of systems, for instance, emailing, VoIP businesses, video conferencing, etc. The third environ is said to be the Bricks and Mortar environment, during which an extensive stress is being laid upon conventional business methodologies. It can be categorized into setting up the IT infrastructures in health-care or governmental departments. The fourth and the most significant one is the Internet environment. The situation under discussion affects the CIO to a great extent and the CIOs of the current scenario are also the dwellers in the same environment.

History of Musical Films Essay Example for Free

History of Musical Films Essay By 1928, Hollywood was invaded by sound theater. Silent films made an honorable exit. Vaudeville was also being wiped out. It signaled a phenomenon Tinseltown was not quite prepared for. It was the time of sound facilities and infrastructures. Later on Broadway composers were hired to write screen musicals (â€Å"History of Musical Film†, 2004). The first picture to make a transition from silent film to sound was Warner Bros. ’ 1927 The Jazz Singer starring Al Jolson who mostly did the singing in the movie (â€Å"Musical Film†, 2006). One MGM musical hit opened the doors to the musical film genre. This was the 1929 Broadway Melody with a score by Nacio Herb Brown and Arthur Freed. The story was about two sisters fighting over their love of a song and dance man. It cost $379,000. 00 and grossed for $1. 6 million in its first release. Its title tune is â€Å"You Were Meant for Me. † It was the first sound film to win an Academy Award for Best Picture. MGM’s production chief Irving Thalberg was credited for bringing in a string of musical hits since Broadway Melody. (â€Å"History of Musical Film 1927-1930 Part II†, 2004). Love Parade from Paramount followed on the same year by silent screen director Ernst Lubitch. It is a lighthearted operetta inspired by Broadway to fit the screen starring soprano Jean Macdonald as a young royalty and Maurice Chevalier as the French playboy diplomat. (â€Å"History of Musical Film 1927-1930 Part II†, 2004). The 1930s, 1940s, and 1950s were considered the golden age of musical films. Following are some of the popular musical films: Hollywood Revue of 1929 with Joan Crawford from MGM, Cecil B. Demille’s Madam Satan (1930). 932 mid-Depression saw the making of Love Me Tonight, a collaboration of Richard Rogers, Lorenz Hart, and director Rouben Mamoulian. Rogers and Hart continued with Hallelujah, I’m a Bum (1933) with Al Jolson. (â€Å"History of Musical Film 1930s: Part I†, 2003). Forty Second Street by dance Broadway director Busby Berkeley choreographed the dance sequences while composer Harry Warren and lyricist Al Dublin created the score. It was a million dollar hit for a $400,000 production. It was followed by Footlight Parade (1933), The Gold Diggers (1933) and Hollywood Hotel (1937). â€Å"History of Musical Film 1930s Part II† 2004). Fred Astaire and Ginger Rogers entered the musical scene in 1933 through Flying Down to Rio, The Gay Divorcee (1934), Top Hat (1935) with a score by Irving Berlin. It was also the time of Shirley Temple in movies such as Stand Up and Cheer (1934), The Little Colonel (1935), among others. Disney produced Fantasia (1940). MGM revived its musical genre with the release of The Merry Widow (1934) (â€Å"History of Musical Film 1930s Part IV† 2004). The 1940s saw Warner Brothers’ Yankee Doodle Dandy (1942) with James Cagney in his Oscar-winning performance. Then independent producer Samuel Goldwyn found Danny Kaye and made Up in Arms (1944, Wonder Man (1945), among others. It was also the time of Bing Crosby (Road Series, Going My Way, Holiday Inn) and Bob Hope (â€Å"History of Musical Film Screen 1940s: Part I† 2003). Judy Garland starred in Little Nellie Kelly (1940), Ziegfeld Girl (1941), Meet Me in St. Louis (1944) directed by Vincente Minneli, her future husband. She appeared in sixteen MGM musicals. Gene Kelley also was a big MGM star in musical movies like For Me and My Gal (1942), On the Town (1949), among others (â€Å"History of Musical Film 1940s Part III† 2004). The 1950s was the decline of the musical film genre and the emergence of television. Some of the musicals produced from 20th Century Fox were Richard Rodgers Oscar Hammerstein IIs. Oklahoma (1955), Carousel (1956), King and I (1956). South Pacific (1958). Warner Brothers released some Doris Day films, Love Me or Leave Me (1955), The Pajama Game (1957). Paramount produced What Christmas (1954) while Walt Disney released musical animations such as Cinderella, Alice in Wonderland, Peter Pan, Sleeping Beauty. MGM released Kiss Me Kate (1953) and High Society (1956) (â€Å"History of Musical Film Screen 1950s†, 2003).

Law for Standard Form Contracts in Businesses

Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A 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 particular 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 unilateral 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 onl y 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 invitation 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 communicat ion 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 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 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). For example if a cust omer 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 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 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 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 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 consider ation 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 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 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 wit h 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 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 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 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 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 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 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 jus tification 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. Th ird, 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 permitted 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 the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly 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 agreement is the meeting of minds between two more legally competent parties, about their relative dut ies 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 Transaction 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 Bramblefinch 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 va lid 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 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 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 wh ere 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 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 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 Law for Standard Form Contracts in Businesses Law for Standard Form Contracts in Businesses 1a. Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract A 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 particular 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 unilateral 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 onl y 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 invitation 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 communicat ion 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 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 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). For example if a cust omer 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 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 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 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 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 consider ation 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 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 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 wit h 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 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 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 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 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 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 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 jus tification 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. Th ird, 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 permitted 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 the rules of offer and acceptance in a given scenario, also considering any impact of new technology Firstly 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 agreement is the meeting of minds between two more legally competent parties, about their relative dut ies 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 Transaction 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 Bramblefinch 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 va lid 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 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 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 wh ere 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 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 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

Antimicrobial Activity of Coconut Water | Research Proposal

Antimicrobial Activity of Coconut Water | Research Proposal Urinary tract infection (UTI) is the common term for the heterogenous group of conditions in which there is growth of bacteria in the urinary tract.1 UTIs occur in 3-5% of girls and 1% of boys. After the first UTI, 60-80% of girls will develop a second UTI within 18 mo. In boys, most UTIs occur during the 1st yr of life. UTIs are much more common in uncircumcised boys. The prevalence of UTIs varies with age. During the 1st yr of life, the male : female ratio is 2.8-5.4 : 1. Beyond 1-2 yr, there is a striking female preponderance, with a male : female ratio of 1 : 10.2 According to the National Ambulatory Medical Care Survey and National Hospital Ambulatory Medical Care Survey, UTI accounted for nearly 7 million office visits and 1 million emergency department visits each year.3 UTIs are caused mainly by colonic bacteria. In females, 75-90% of all infections are caused by Escherichia coli, followed by Klebsiella spp. and Proteus spp. Some series report that in males older than 1 yr of age, Proteus is as common a cause as E. coli.2 UTI can cause significant morbidity if not properly identified and treated. Therefore early recognition and prompt treatment is important to prevent late sequelae, such as renal scarring, hypertension, and renal failure.4 Coconuts, which are native in our country, play an important role in the society. Not only do they provide shelter and livelihood for mankind but they are also the source of important physiologically functional components. Nowadays, coconut has been gaining too much popularity because of its potential antimicrobial benefits.5 Coconut water is incredibly healthy and one of the best drinks to hydrate the body. Besides helping to remove toxins from the body and aiding digestion, coconuts have amazing anti-viral, anti-fungal and anti-microbial properties that help to cure the disease.6 It contains high levels of lauric acid, a substance responsible for these properties.7 However, no study has been done to document or confirm its antimicrobial properties against UTI pathogens, thus, this study was conceptualized. Thus, it is the aim of this study to explore adjunctive treatment for urinary tract infection. REVIEW OF RELATED LITERATURE Lauric acid which is found in high quantity in Virgin coconut oil was proven to have antibacterial activity against various viruses, protozoal and bacterial pathogens. However, one study conducted here in Davao City dated September 2004 showed that commercially available virgin coconut oil has no antibacterial activity against the urinary tract pathogens, E. coli and K. pneumoniae.5 SIGNIFICANCE OF THE STUDY Urinary tract infection is a serious health problem affecting millions of people each year. It is treated with various antibacterial drugs which are readily available in the market. However due to the increasing cost of these drugs, many people cannot afford them and sort to self medication with natural remedies. The result of this study will aid the community on using an adjunctive medicine that is readily available for the treatment of one of the common diseases in children. OBJECTIVES General Objective: To determine the antibacterial activity of coconut water using the zone of inhibition on Escherichia coli, Klebsiella pneumoniae and Proteus mirabilis (most common causes of UTI). Specific Objectives: To determine the zone of inhibition of coconut water on E. coli, K. pneumoniae and P. mirabilis To determine which among the bacterial pathogens in UTI is the most sensitive to coconut water. DEFINITION OF TERMS Zone of inhibition this is the clear area formed around the filter paper disc after 24 hours incubation of the petri dishes. Control disc impregnated disc with Amikacin and Cotrimoxazole used as standards for comparing the zone of inhibitions of coconut water against common urinary tract pathogens. Coconut water is the clear liquid inside young coconuts METHODOLOGY The study will be conducted in a school microbiology laboratory wherein the preparations of the materials and the interpretation of the results will be done. The young coconut fruit will be freshly obtained from the tree and then the water will be separated from its pulp. The test organisms, E. coli, K. pneumoniae and P. mirabilis will be obtained from positive cultures isolated from urine cultures of both pediatric and adult patients. Sensitivity testing for each organism will be performed to determine the type of antibiotic that will be used as control for the study. The Mueller-Hinton Agar will be used as the medium for the susceptibility testing. The Schieler and Schull filter paper will be used to prepare 6mm disc using a puncher. The materials that will be used in the experiment proper will be sterilized in the autoclaved at 15psi for 15 minutes. After sterilization, the agar will be dispensed in the sterilized petri dishes with a depth of 5mm and allowed to solidify. Three trials with 9 cultures of each bacterial strain will be tested using the Kirby-Bauer Disc Diffusion Method. Each bacterial strain will be made into a broth suspension and streaked evenly onto the surface of the medium using a sterile cotton swab. The sterile filter paper disc will be dipped into the coconut water. The prepared discs will then be allowed to dry for 3-5 minutes after which, they will be on the agar using a sterile forceps and gently pressed down to ensure contact. For the control, commercially impregnated discs with Amikacin and Cotrimoxazole will be used. The plates will be incubated at 37oC for 24 hours and will be investigated for antibacterial activity using the zone of inhibition. The zones of inhibition will be determined in millimeters using a digital caliper. The measured zones of inhibition will be classified as follows: 0mm-6.99mm as negative, 7mm-12.99mm as weak, 13mm-19.99mm as moderate and >20mm as strong.