Indoor Management Rules Essay Example | Topics and Well Written Essays - 1000 words

Indoor Management Rules - Essay Example In the UK, most commercial transactions are carried out under the statutory exception, which is the doctrine of agency. The agency of doctrine rule is based on the theory that if an agent signs a contract within his jurisdiction as by the principal, then all obligations and rights as acquired by the agent are passed on to the principal whereupon the latter can litigate and or be prosecuted upon, by on the terms as set within the contract. However, certain reservations within this doctrine brought the Turquand rule into existence, which helped in defining contractual alliances with third parties. The significance of Turquand rule was that this provision gave the third party a right to assume (while signing cheques) that the company directors with whom the contract is signed, has been rightfully appointed and they have the right to en-cash the cheque (matters of internal management). Turquand rule thus stated that a third party signing a contract with a company could view only the exte rnal position of the latter without going into issues of indoor management. However, on close analysis it reveals that the rule does not provide any mechanism or route for the third party to bypass ‘privity of contract rule’ and prosecute the company. ... the derivations that the Turquand rule does not add anything to concept of agency.   In cases of an internal obligation (in a situation where a ‘stranger’ or the third party is aware of the firm’s indoor management) where a given operation is permitted by a special declaration, the Turquand rule consequently becomes inapplicable. Currently the Companies Act 2006 (section 40)4 has now replaced Turquand rule in English law, where the general aim is to restrict the third party from being negatively affected owing to restrictions on authority as set within a company’s constitution. A closer look at section 40 reveals that the ?eld still remains complicated (the section being inadequately worded leaving scope for misinterpretation). The basic flaw is the wording, where it is seen that in section 40  (1) it is unclear as whether the third person or P is ‘a person dealing with a company’? It is evident that this individual is a ‘person,†™ but it remains unclear whether he is ‘dealing with a company.’ There is delineation to this effect in section 40 (2), where it states that a person clearly ‘deals with’ a firm when he is part of any transaction or any other activity,  where the firm ‘is a party’. Again the wording here is unclear, as the term ‘party’ is liable to be construed as a situation where the firm has signed a legal deal with the person. Here the primary difficulty is from the perspective of the person or individual (with whom the firm signs the deal). Unless the person can present as evidence that this section or another one  is applicable that can remove the corollary of ‘constructive notice doctrine,’ it will be impossible with facts at hand to prove that the firm is a ‘party’ and hence can be prosecuted. Thus, the basic

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The Hidden Truth About Research Essay Topics for College Issue Exposed by an Old Pro

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Literature Review on Total Quality Management in public and private Essay

Literature Review on Total Quality Management in public and private preschools - Essay Example The use of quality management issues in public and education sector is more recent, and the interest of working with quality from a TQM point of view within the education sector has grown during the last decade (Dale, et al., nd). The use of TQM in the public sector such as education and the health sectors is deemed as part of the new public management. New public management is a general term for various change initiatives, which has been brought about by escalating requirements from different authorities. The Swedish public sector introduced an administrative law in 1987 that requires counteracting of inconveniences and enhancing accessibility among authorities. The Swedish commission on advanced vocational education necessitates that educational organizations employ quality assurance as some kind of quality evaluation. Formal definitions of total quality management preschool The external concept of quality refers to attempts to enhance the quality of the incoming product. In the ca se of schools, the product is the student or the child who is entering school for the first occasion. Industry operates with sellers who make parts, which when assembled will be the end product. Schools on the other, hand have two vendors, which are the preschool children and their parents or guardians. Schools ought to have programs for preschool and parenting. Nevertheless, this is often not possible to have preschooling as part of an ongoing program in most cases due to cost inadequacies. If possible, any school wishing to implement the external quality concept should have a preschool program. There are numerous definitions of the quality concept as put forward by different scholars (Karoly & Bigelow, 2005). There are five broad concepts of the term quality. One aspect is the transcendent concept where quality is taken as the innate excellence, which is absolute and universally acknowledgeable and long lasting. In preschooling, transcendent quality can be learned to be acknowledg ed through experience. The second approach to quality is product based, where quality reflects differences in the amount of some ingredient or factor possessed by a product. Preschool quality management concept on product based refers to attributes possessed by students. The third attribute of quality is user based, where the quality of the best satisfies clients’ preferences. Preschool quality management reflects on students meeting the requirements and needs of the employers as they look for those students with the highest quality. The fourth aspect of quality is manufacturing based, where the focus is on the supply side. Manufacturing based quality is essentially concerned with manufacturing practices and fulfilling tolerances (Bradley, 1994). The final concept of quality is value based, where quality is measured in terms of costs and price. In preschooling total quality management, the school should offer performance or conformance at an acceptable price and cost. Main co mponents of total quality management in preschool There are five main basic components in preschool total quality management that foster young children skills and abilities. These are the curriculum, the early literacy learning principles, accountability and assessment, teacher education and professional growth, as well as home-school relations (Bracken, 2004). Early literacy learning principles Developing standards for preschool is among the best