Breach of Contract Case Study

Breach of Contract Case Study JIGAR NAROLA       Contract breach is a breach when two parties or individuals are entitled to certain condition on working together and one of the party breaks them or does not abide to the condition. In a contract breach the innocent party can file a lawsuit against the defendant. There are a lot of case where there is a breach of contract, such cases are first handled by the trail court and later can be fought in the court of appeal if either of the parties are not satisfied with the decisions of the trail court and then if may also go further to a higher court. The U.S. court system is: An example of a case of breach of contract is the case of jerrys Hardware, L.L.C. v. Hillcrest Partners, No. 14-1625, 2015 Iowa App. LEXIS 654 (July 22, 2015) Jerrys Hardware, L.L.C. v. Hillcrest Partners In this case Jerry hardware, plaintiff, enter and signed a lease agreement were Hillcrest Partners agreed to lease a commercial space that they were planning to build. Hillcrest partners agreed to build the commercial space according to Jerrys hardwares requirements. Jerrys hardware informed Hillcrest that they were buying inventor, fixtures and electronic for the store at the rate of $100,000. Hillcrest partners neve started the construction as they were not able to acquire the required finance. The attorney of Jerrys hardware sent two letter to the defendant requesting information and explanation regarding the delay and stating that they were not interesting in terminating the contract. The second letter included the items and the loss which the plaintiff has incurred due to the failure of the defendant. Hillcrest partners did not answer any of the letters and they were also not interested in terminating the lease. To reduce the amount of loss, the plaintiff leased another complex for its store. The new location was less visiblw and it required a large amount of renovation and upgrades. It also required an upgrade in the electrical system and the paint system. The plaintiff later found that the equipment he purchased in 2010 were not up to the requirement in 2012. Later, in 2013, Jerrys Hardware files a lawsuit against Hillcrest for breach of contract. After a bench trail the court , the court found that the defendant had breached the contract and awarded the plaintiff an amount of $100,444.77 in unexpected damages, cost of new electrical systems and new paint system and the amount of new equipments. Court of Appeals Decision:       After the decision in the of the trail court, the defendant registered in the court of appeal. The court of appeal supported the decision of the trail court. The defendant argued that the contract was not enforceable as they were not able to attain finances, which was one of the condition precedent in the contract. The court of appeal stated that the contract was enforceable, the court found that keeping in mind the other conditions in the contract, nonfulfillment of condition percent only gave the defendant to terminate the contract by giving a written notice to the plaintiff, and as the defendant did not choose the option to terminate the contract, the contract was still valid. But, the court of appeal made a change in the decision that the defendant was not liable to pay for the plaintiffs damage of the property which was in the storage because it was the plaintiffs responsibility to store in a storage where Conclusion of the case: The case was a twist as condition precedent were not the condition precedent at all, in fact they were overruled due to other conditions in the contract. The district court did not abuse its discretion in its determinations on Hillcrests multiple motions to continue the trial. The court properly determined the lease agreement was enforceable between the parties. When an individual or a business is involved in a breach in contract it is liable to and entitled to provide remedy to the the non-breaching individual or business. There are different types of remedies: Damages- This is the most common remedy for a breach of contract. The breaching party has to pay the sum of loss amount of the damage incurred by the non-breaching party due to their conduct. There are many kinds of damages. Compensatory damages, is when the non-breaching party is kept in a position same as if the breach had not been occurred. Punitive damage, are the damage that the breaching party must pay to the non-breaching party in full. This remedy is used when the breach is done in wrong full manner. Nominal damage, is the remedy in which the breach party has to pay a nominal amount and no actual loss is made by the non-breaching party. Liquidated damages, are the damages that were identified by the parties in their contract. Specific performance- This remedy is used when damages are not adequate to as a remedy. In specific performance, the breaching party is order to fulfill their duty as mentioned in the contract. This remedy is used when the issue of money does not matter in the contract such as contract for selling a property and later the seller refuses, the court can order the seller and compel him to sell the house as per the contract. Cancellation and restitution- Restitution as a remedy mean that the non-breaching party is put back in a positon that it was in prior to the contract and cancellation means that both the parties are free for the obligations of the contract. In the case of Jerrys Hardware, L.L.C. v. Hillcrest Partners the remdy that was used was the remedy of damages. There a few things that the defendant must have considered to avoid a lawsuit for breach of contract, Hillcrest should have not signed a contract until and unless they were not sure of their finance. Signing a contract without their finance increased their risk of breaching it and secondly they should have replies to the letters that were send to them by jerrs attorney. References Two Iowa Breach of Contract Cases, Two Judgments for Plaintiffs | Center for Agricultural Law and Taxation. (2015, July 23). Retrieved March 01, 2017, from https://www.calt.iastate.edu/article/two-iowa-breach-contract-cases-two-judgments-plaintiffs JERRYS HARDWARE, L.L.C., Plaintiff-Appellee/Cross-Appellant, vs. HILLCREST PARTNERS, a general partnership, CHARLES A. RUHL JR., and STEVEN FRY, Defendant-Appellants/Cross-Appellees. (n.d.). Retrieved March 01, 2017, from http://law.justia.com/cases/iowa/court-of-appeals/2015/14-1625.html Breach of Contract and Lawsuits. (n.d.). Retrieved March 01, 2017, from http://smallbusiness.findlaw.com/business-contracts-forms/breach-of-contract-and-lawsuits.html Breach of Contract Case Study Breach of Contract Case Study MOHANA DIGHE ISSUE- Washington (January 6, 2016, 4:14 PM EST) A driver for Uber hit the ride-offering organization to a claim a breach of contract in California government court, affirming in a proposed class activity that Uber neglected to pay drivers the winter advancement as per its reported tenets in the advertisement. Kimberly Berger claims that Uber did not pay California drivers the full rates they were guaranteed under the organizations Winter Warmup advancement, which ensured least rates to taking an interest drivers who met an arrangement of conditions. As indicated by the grumbling, the advancement ensured drivers least hourly rates for specific periods on the off chance that they acknowledged no less than 90 percent of excursions, arrived at the midpoint of no less than one trek a hour and were online for no less than 50 minutes of consistently worked. The base hour rates extended from $16 every hour to $26 every hour, in view of the day and age, as indicated by the grievance. The most astounding hour rates secured Friday and Saturday evenings. The suit claims Berger, and different drivers in the proposed class, met the states of the Winter Warmup advancement however were not paid the guaranteed rates. In particular, the suit claims, Uber paid the expenses as a normal gross hourly rate rather than a base rate for every hour. The organization likewise subtracted expenses from the promoted rates, the suit claims. Therefore, the genuine hourly rates for pinnacle, normal, and nonpeak hours, were $20, $12, and $10 every hour, and not the $26, $20, and $16 every hour promoted, the suit affirms. Berger claims the instalment hones broke Ubers agreement with its drivers and furthermore constituted unjustifiable business hones under California state law. Berger is looking for unspecified harms for the benefit of herself and the proposed class, lawyers charges and an assertion that Ubers instalment rehearses for the advancement abuse California state law. She requested that the judge confirm a class of Uber drivers in California that took part in the advancement. The suit did not determine how vast Berger expects the class will be. The organization asserts its drivers are self employed entities, not workers, which a class of drivers have debated in a different claim. Uber approached a month ago for a stay in that claim while the organization requests the courts current deciding that its 2014 and 2015 discretion understandings are unenforceable. Uber did not instantly react to a demand for input (Uber Driver Says Co. Breached Promotion Contract Law360). Use of Agreement Law- (a) APPLICABLE BREACH OR VIOLATION This segment applies if there should be an occurrence of break or infringement of a portrayal or stipulation incorporated into an agreement under area 6502 of this title. (b)LIQUIDATED DAMAGES notwithstanding harms for some other break of the agreement, the gathering in charge of a rupture or infringement depicted in subsection (an) is obligated to the National Government for the accompanying sold harms: (1) A sum equivalent to the total of $10 every day for every person under 16 years old and each imprisoned individual intentionally utilized in the execution of the agreement. (2) A sum equivalent to the entirety of every underpayment of wages due a representative occupied with the execution of the agreement, including any underpayments emerging from derivations, discounts, or discounts. (c)CANCELLATION AND ALTERNATIVE COMPLETION Notwithstanding the Central Government being qualified for harms depicted in subsection (b), the office of the Unified States that made the agreement may scratch off the agreement and make open-showcase buys or make different contracts for the culmination of the first contract, charging any extra cost to the first temporary worker. (d) RECOVERY OF AMOUNTS DUE.- A sum due the Central Government on account of a break or infringement depicted in subsection (a) might be withheld from any sums owed the contractual worker under any agreement under area 6502 of this title or might be recuperated in a suit brought by the Lawyer General. (e)EMPLOYEE REMBURISMENT FOR UNDERPAYMENT OF WAGES.- A sum withheld or recuperated under subsection (d) that depends on an underpayment of wages as depicted in subsection (b)(2) should be held in an uncommon store account. On request of the Secretary, the sum might be paid straightforwardly to the come up short on worker on whose record the sum was withheld or recuperated. Be that as it may, a representatives claim for installment under this subsection might be engaged just if made inside one year from the date of genuine notice to the temporary worker of the withholding or recuperation. REMEDIES FOR BREACH OF CONTRACT- Equitable Remedies   Equitable Remedies are those that are forced when cash harms would not enough cure the non-breaking party. The accompanying sorts of fair cures might be accessible in the given case:   Particular Execution Particular execution is a request by the court that requires the breaking gathering to do the agreement as it was initially composed. This kind of cure is uncommon. In any case, it might be requested in specific conditions. For instance, particular execution might be forced when the topic is one of a kind, for example, an acclaimed painting or a particular bit of property. Courts are reluctant to request particular execution since it requires the progressing observing by the court of the agreement. Rescission Rescission of the agreement is a cure that permits the non-breaking gathering to wipe out his or her duties under the agreement. This cure may be accessible when the agreement depended on misrepresentation or an error by either of the gatherings. It is additionally accessible if both sides like to scratch off the agreement and give back any cash that had been progressed as a feature of the agreement. Reorganization Reorganization permits two gatherings to change an agreement so that it all the more precisely reflects what the gatherings plan. This cure requires that the agreement be substantial. It might be accessible when one of the gatherings had a mixed up comprehension about a material term of the agreement.   Legitimate Cures Legitimate cures regularly appear as money related harms that are granted to help make the blameless party entirety. A few cases of legitimate cures are examined underneath. Compensatory Harms Compensatory harms are those that are intended to remunerate the non-breaking party for the rupture. These incorporate desire harms and considerable harms. Desire harms are those that give the non-rupturing party the money related assets that he or she would have gotten had the agreement been performed. These harms are normally in view of the agreement itself or the honest estimation of the topic of the agreement. For instance, compensatory harms might be the sum vital for the non-breaking gathering to buy a substitute item that is proportional to the one contracted for. In the event that the agreement was for an offer of merchandise, compensatory harms are generally the contrast between the agreement cost and the market estimation of the products. These harms likewise comprise of the costs important to make the non-rupturing party entire after the break, for example, promoting costs to publicize the items that the breaking party neglected to pay for. Be that as it may, the non-rupturing party by and large has an obligation to relieve his or her misfortunes. Significant harms are those harms that repay the guiltless party for backhanded costs that came about because of the break. They regularly result from uncommon conditions that are included in the agreement that may not be normally unsurprising. For instance, a honest gathering may approach to be repaid for the loss of business benefits that got from not having admittance to the fundamental materials to create an item for an outsider. All together for the honest party to get these harms, he or she should demonstrate that this misfortune was sensibly predictable to both sides when they composed the agreement and the misfortune was an immediate consequence of the break. Liquidation Harms In a few contracts, particular harms are pre-decided. These harms are called exchanged harms. They are normally some portion of agreements where it is hard to decide the real sum that a gathering was harmed because of a break, for example, a rupture of an agreement not to contend. Reformatory Harms Reformatory harms are intended to rebuff a blameworthy gathering keeping in mind the end goal to keep that gathering or others from taking part in comparative direct later on. Be that as it may, corrective harms more often than not require a more grounded goal than is essential in standard rupture of agreement cases. For instance, to be granted reformatory harms, an offended party may host to demonstrate that the rupturing gathering acted in a noxious or fake matter. A few states particularly restrict offended parties from recuperating correctional harms on break of agreement cases. Lawyer Expenses and Expenses The common party in a break of agreement case might have the capacity to gather lawyer charges and costs that he or she caused keeping in mind the end goal to realize lawful activity. A few states just permit these harms on the off chance that they are particularly accommodated in the agreement (hg.org).

Essay --

Patricia Wang Mrs. Pagtakhan Junior English 10 March 2014 A Reflection of One’s Character The American Dream is an ideal vision many people strive for, promising happiness, prosperity, and success. â€Å"Life, Liberty, and the Pursuit of Happiness† is the foundation of American society, presenting a false perception that everyone can achieve the American Dream. Although people assume that the Dream comes with an equal opportunity for all, one’s success is undoubtedly tied to a material component. The rich and powerful are born into affluence while the farmers and industrial workers can only long for it. In The Great Gatsby, Fitzgerald portrays Tom Buchanan’s arrogance and fear of change and Jay Gatsby’s obsession with getting Daisy through their homes, revealing Gatsby’s inability to reach his vision of the American Dream. Tom Buchanan’s home reveals his arrogance and fear of change, as he has already reached the American Dream. Tom’s â€Å"Georgian Colonial mansion overlooking the bay† parallels his â€Å"rather hard mouth and †¦ supercilious manner† (11). Located on East Egg, Tom’s house displays the old-fashioned, traditional East where the richest families retain their wealth through family lineage instead of personal gain in the West. The United States originated and expanded from the east coast westward, symbolizing East Egg as the foundation of real money and wealth, while West Egg as money earned through ambition and hard work. Built on the top of the hill, Tom’s home overlooks the entire bay, reminding himself and others that he is above everyone. This ultimately leads to his haughty personality, as he is a â€Å"careless [person†¦ mashing] up things and creatures and then [retreating] back into [his] money or [his] vast carelessness† (... ...e American Dream. In The Great Gatsby, Fitzgerald parallels Jay Gatsby’s home with his longing for the American Dream and Tom Buchanan’s home with his supercilious personality as a result of his excessive wealth. Tom’s directly inherited wealth and Gatsby’s self-earned money reveal that one’s background or environment ultimately determines whether or not the Dream is attainable. Gatsby’s endless struggle portrays the misconception that the American Dream is achievable through hard work and determination, regardless of social class or material wealth. The harsh reality is that wealth and power are the true factors that lead to success and happiness; those who are not born into this environment can never achieve their ideal vision. The desire for perfection undermines the true American society as people continuously strive for the illusion of the American Dream.

Pain - No Redeeming Social Value :: Psychology Essays Research Papers

Pain - No Redeeming Social Value No better person exemplifies the ill than in-hospital patients, trapped against their will by both doctors and physical pain. They experience a variety of negative traits, such as being self-absorbed. An excellent example of a person’s self-absorption occurs in life and death situations. In lifeguard training, one of the first things that is taught was never to directly approach someone who is drowning. When someone is drowning they are panicking, the pain that is inflicted on them in this instance will cause them to do anything, however irrational, in order to save their lives. If a lifeguard attempts to rescue a person who is panicking it is very likely that they will be inadvertently drowned. Another mental affliction is selfishness. When a person is experiencing a large amount of pain, their concern is only for making it go away, unconcerned with its consequences, even of an emotional toll on family. A situation of this type could occur at a child’s birthday party, in which one of the children is hurt. His pain inspires a selfishness that prompts the parents to bring the party to a halt in order to find some sort of relief. Indeed, physical pain does little to ease the mind; rather one becomes more tense and querulous, ready to spark like a wildfire at the slightest chance. There is no better example than the old grouch on the geriatrics ward of a small town, dying from skin cancer. The lesions in his skin continue to grow and multiply, despite all the care given by the hospital staff. This great discomfort only hardened his heart, and he became more and more difficult to please. He often called upon the nurses at odd hours of the day to demand attention. When they did not come to him with whatever he wanted on command, he would throw his bedpan out into the hallway. Neither did he have a problem with defecating all over the room when they could not please him. Yet when the janitors would come in to clean up his mess, he would yell at them as if they were the cause behind all this. Even the doctors would dread their daily confrontations with him where he would blame them for all his discomfort. One can also see that being stuck in the gloomy hospital environment, surrounded by the ill and the dying, does little to help one's impatient nature when cloaked by the searing pain with little if any aid.

No Groove in the Gunsights by Lars Kullberg :: essays research papers

No Groove in the Gunsights Always under the thumb of his dark mistress, the speaker struggles beneath her power. Try as he may, he will never be able to break the tie of lust between the two. His threats are not threatening to her, and he knows this. His power is beneath her's, and he knows this as well. By threatening his lover in the 140th sonnet, the speaker is merely admitting to his own helplessness to which he is forever bound. This appears to be the first sonnet in which he is taking a stand. Never before has he spoken in such a threatening tone: "Be wise†¦do not press/My tongue tied patience†¦" (140. 1-2). One might think that he is now revealing for the first time his yet unheard of power. But he has no such power. He knows that his threats do not frighten her†¦ so why does he even bother? Sure, he could untie his tongue and let the world know of her habits. However, no one would care. She is a dark lady—she and others like her are meant to be that way. He would only be telling what is already known. However, what she has to tell of him is not already known. Being a married man, he is not expected to have a mistress. She is his only mistress. They both know this as well. If he were to lose her, he would have nothing left. She knows his lust for her—his need for her. She knows he lives for her darkness and for the pleasure he finds in her†¦ temporary as it may be. Temporary yet lasting. There may be times when he thinks he can live without her, but the time comes again soon when he feels the familiar lust again. It is the lack of love which makes it temporary. However, it is the abundance of lust which makes it permanent. He is only one of her many lovers. If she were to loose him, she would still have many others to satisfy her. She takes comfort in the fact that he needs her and he remains under her thumb to almost any extent. The speaker knows she has many lovers. He claims to hate her unfaithfulness, but in fact he likes it. He likes the fact that she is nothing more than an object of sex†¦of temporary pleasure. If she were really in love with him and were truly faithful, he would be less attracted to her. The passion and the lust would be gone. So the question remains—why does he bother with these empty threats?

Group Dynamics Essay

Work is being restructured around groups of all kinds and in all sizes of organizations. Managers need an understanding of group behavior and the concept of teams in order to appreciate what groups can and cannot do within organizations and how groups function. Any one member in group can influence the behavior of the individuals in the group and teamwork. We will examine some basic characteristics of groups including the types of work groups, the development of informal groups, and the manner in which groups operate. UNDERSTANDING GROUP BEHAVIOR Groups exhibit different behavior—more than just the sum total of each group member’s individual behavior. In this section, we’re going to look at various aspects of group behavior. What is a Group? A group is defined as two or more interacting and interdependent individuals who come together to achieve particular objectives. 1. Groups differ from mere aggregates of individual because the latter have no interdependence, interaction, or common goal. 2. Groups differ from organizations because the latter involve systematic efforts and are engaged in the production of goods and services. 3. Teamwork occurs when groups are able to work efficiently and effectively together to achieve organizational goals. There are a number of types of work groups 1. A formal group is a group officially planned and created by an organization for a specific purpose. a. A command or functional group is a formal group consisting of a manager and all the subordinates who report to that manager. ) Each identifiable work group consisting of manager and subordinates is a command group. 2) A linking is an individual who provides a means of coordination between command groups at two different levels by fulfilling a supervisory role in the lower-level group and a subordinate role in the higher-level group. 2. Informal groups are natural social formations that appear in the work environment. An informal group is a group that is established by employees, rather than by the organization, in order to serve group members’ interests or social needs. Informal groups are unplanned groups. a. An interest group is an informal group created to facilitate employee pursuits of common concern. b. A friendship group is an informal group that evolves primarily to meet employee social needs. Overview of Group Dynamics Formal and informal work groups are becoming increasingly important competitive factors in organizations. Teamwork is the result of groups working together to effectively and efficiently achieving organizational goals. Formal groups include command and task groups. Informal groups include interest and friendship groups. A useful way to analyze groups is to view them as systems that use inputs, engage in various processes or transformations, and produce outcomes. Managers can help bring about higher performance from formal work groups by weighing the characteristics of members they assign to particular groups. Group members should have task-relevant expertise and appropriate interpersonal skills. Also, it has been found, that a degree of diversity among group members usually adds to performance. Group training, particularly for diverse groups, has been found to be useful. Members may be attracted to a group for a number of reasons including being attracted to or liking other members of the group, liking the activities of the group, the goals or purposes of the group, because the group satisfies an individual’s need for affiliation, and/or because the group can help an individual achieve a goal outside the group. The absence of attraction can prevent the group from achieving high performance. Member roles in groups include group task roles, group maintenance roles, and self performance. Member roles in groups include group task roles, group maintenance roles, and self oriented roles. The size of the group has also been found to have significant bearing on the group’s performance. Mid-sized groups, from five to seven members, seem to be an optimum size according to recent research. Smaller groups can often exacerbate individual differences. Large groups tend to be when working in groups than when working alone. Free riding is particularly likely when members exhibit individualism rather than collectivism. Managers can combat social loafing by several methods. Assign just enough people to do the work is one key method. Other methods include making each individual’s work visible, providing for individual feedback, have people work with those the respect, have standards to actually measure group performance, and making rewards contingent on a combination of individual and group performance. The work group processes usually result in greater or lesser performance than would occur if the individuals worked alone rather than as members of the group. This process is called synergy. Managers strive to have a positive synergy from the group rather than negative. Three key characteristics of the group help determine the synergy levels. These are group norms, group cohesiveness, and group development. Norms are the behaviors of group members that are acceptable to the group. Norms stem from explicit statements by supervisors and coworkers, critical events in a group’s history, primacy, and carryover behaviors. Group cohesiveness has important consequences for group communication, satisfaction, performance, hostility and aggression toward other groups, and a group’s willingness to innovate and change. Factors influencing the amount of cohesiveness in a group include whether or not members of the group share attitudes and values, the amount and severity of external threats to the group, whether or not the group experiences recognizable successes, the degree of difficulty encountered in joining the group, and the size of the group. One view of group development shows groups passing through five distinct stages: forming, storming, norming, performing, and adjourning. A group’s performance varies depending on the stage it is in. A special kind of group behavior is found in group meetings. Because of the considerable amount of time spent in meetings, it is important for managers to know how to maximize group meeting effectiveness. This chapter includes an excellent short guide for how managers can lead more effective group meetings. Groups can also help facilitate creativity and innovation in the organization. Some of the major mechanisms that organizations use to encourage the creative and innovative capacity of groups include the use of task forces, or ad hoc committees, and teams, particularly entrepreneurial and self-managing teams.

Montessori †Purpose of Education Essay

In the above mentioned lines Dr. Maria Montessori wants to convey that purpose of education is not just transfer the knowledge from person to person or teacher to students but to help students release their full human potential. It is not just that teachers give and students take either way they get understood or not. â€Å"Education is a natural process carried out by the child and is not acquired by listening to words but by experiences in the environment† (The Absorbent mind, p-24, chapter-3). Education is a natural process which carried out by the human individually, no one can teach them. Education should take a new way of seeking and improving the human potential and human life. From the Montessori philosophy point of view potential is only develop if proper environment is there, with environment child also need freedom. Education is a observe child potential during a child development period. Child is very receptive to new learning experiences on their sensitive periods. So we have to carefully observe the child potential and interest and develop them. Every child is born with potential, adult only can developed that potential though right guidance and with right environment. Education helps the child in developing a love of learning. Education is not only done by listening to the words, child also needs practical exposure also. Through practical exposure they will learn easily and get understand in a better way, which also helps them in future also. If we want to teach etiquette to child or how to behave with their younger and elders then we would have to follow the practice first so that children may imitate and follow us. Montessori felt that adult should not assume that the child is empty and filled with our knowledge and experience. It is important to standard that the child has his own potential for life. For revealing that potential they only need proper environment. Potential + environment = development of potential. Environment, potential, freedom all are interrelated with each other. Children like to work as well as play. Dr. Montessori believe that potential is develop by their own ability. Small children are able to have good mental concentration. Child want mastery in an activity for this they repeat that activity again and again and they love that repetition. Child wants to know the activity in detail. Children also love for order. They want their material in proper order. Adult should teach that order properly. After using material teaches them put it back. When child choose the material then they enjoy that material and do that activity deeply with full concentration and capability. Children want to have choice so adult give them freedom of right to choice. Children love to work, they can’t sit idle. They want to do some constructive work. They want material which can help them to grow. For children no need of rewards and punishments. It’s adult responsibility to give them proper guidelines. Children’s have their sense of personal dignity. They also feel bad. They also love to clean themselves. Child get understand everything so don’t take them as granted. Children like silence, they only need environment. Teacher should start teaching from sounds of the letters n then from small letters. Children are able to write and read. If a child gets the material he/she is going to discipline. There are no competition, child get attach with material or with their friends. Teacher should know how she has to maintain discipline with material. Man is born in a civil environment and animal is born in a natural environment. That’s why child take more time for walk and talk as compare to animal’s child. Man move by using their mental ability which he has by birth but it’s not visible and we take as granted. Same way child have their own personality, they only need to develop. Personality consist of 4 developments- physical development by provide them specious space so he can move their finger’s movement etc, intellectual development by giving them freedom of choice though which they can use their mental ability and by giving full information as per as possible, social development and emotional development. They all development is also called unified personality. Child unified personality is revealed by self realisation or self construction. Spiritual embryo means self realisation. A child is in pure form when he is born. Self construction only develops if â€Å"will† is there. A lot of will is developing man’s intelligence, so we have to extra care to child. Mind, body, actions and will is interrelated with each other. â€Å"There is interchange between the individual, the spiritual embryo, and its environment. It is though the environment that the individual is moulded and brought to perfection† (the secret of childhood, p-35, ch-6). Spiritual embryo is a place where mental development is takes place. PDPP (pre determine psychic pattern) is a decided pattern which he is born with it, but it invisible or hidden inside. And for developing PDPP proper environment is required. It is also called NEBULAE. Whatever pattern with they born, they will become that, no one can change that pattern. It is unique potential. E. g- twins also have different finger prints. Same as MNEME, is a super power or through which we remember everything. Its create urge to achieve the particular skill. PDPP is only developed if prepared environment is available. Living and non living things is in environment. Environment should be by prepaid by knowledgeable adult who know the needs of child and according to the child nature not to the adult mood. Teacher should be good observer; she should know the necessary changes in environment. There is a link between environment and child. Child is born with potential, if potential is not there than how they use environment? Only when a child is free to use environment then he show his creativity and potential. Freedom helps the child to improve their potential. Freedom of movement is most important for children. Adult should give them to move from one place to other place. Through this freedom physical development is taking place. But child have to careful they do not violin the rules and should not disturb the others, adult should make some limitations and rule. With physical development, mental development is also takes place. Freedom of movement is also help in developing â€Å"will† in children. Will is involved on their freedom of choice. They perform constructive work with their choosy material. Intellectual development is also developing. Teacher or adult make sure they give them right choice. Adult should try to attract child’s attention towards material. To express their feelings child need to speak. We should allow the child to speak or talk to everybody without scaring from anybody. Teacher should give them freedom of speech so they easily develop their communication skills, expressing thoughts, vocabulary. But teacher should observe that child does not use abusive language and harsh words. Teacher should be good role model. Every child is born with their different personality, don’t force them for anything. Children should have competition with them self. Give them freedom from competition. Order will help in self esteem. Order of his proper environment is very important for children. It should be grouped. It should be arrange in concrete to abstract. If concrete method we used to teach they will learn easily and fast. Adult should provide them practical exposure. Without order very different to learn. He feels safer and also feels familiar. Adult should be a good role model. Teacher can use curriculum also and should be prepare organised. Always show real picture to child. Don’t give fantasy world otherwise they will live in fantasy. Always present real material through which they develop sense of responsibility. Children love to work with real materials. The internal aim of child is developing their infrastructure and mental development. With the help of real material they learn concentration. Every material should be meaningful and purposeful for the child. Real material is helping in developing their senses on their sensitive periods. â€Å"It is in the environment of the maternal guiding instincts with the sensitive periods of the newly born that conscious love develops between parent and child. † (Secret of childhood, ch-8, page- 216) Sensitive period is starting when child born. Parents have big hand on developing child senses. During sensitive periods child life are like windows of opportunity a child get to learn different skills. The child is extra sensitive to the stimuli it gets to learn a particular skill at those periods. Adult should give right guide during this period so they develop their sensitivities easily and faster. In between developing senses child get close with their adult or parent. Main motive of sensitive period is to develop child ability and goal of development as called SENSOTIAL EXPLORE. Child born with their personality so they are ready to learn by birth. Children’s have five senses- touch and organ is skin, taste and organ is tongue, sight and organ is eyes, smell and organ is nose and last sound/ hearing and organ is ear. Child have 6 sensitive periods in which they develop their senses and first is sensitivity to order in between 1-2 year. Child want stability in environment and for that order should be there. So adult should keep the environment orderly so children can develop their confidence level and self esteem. Second is sensitivity to learning though the five senses- senses are active by birth in child. Though senses they easily differentiate between objects. Example- sounds of different animals. They only need practical exposure and freedom for using their senses. Third is sensitivity to small objects- child always loved to choose small objects which they carry easily and can’t able to see big object properly. Adult should provide them small objects. Fourth is sensitivity to co-ordination of movement- children have reason to move. Their co-ordination of movement is only develop if will is there and will is only develop if adult give them of movement. Movement is also helping them in developing physical development. Fifth is sensitivity to language- if child is not exposing himself in language then he can’t able to express his feelings and his language is get spoil. Adult should give them freedom of language so he develops his vocal cod and vocabulary. Last or sixth is sensitivity to social aspects- learning in the play group is the best way of learning and children love to work with their friends. Adult should motivate them for interact with other child and being social. So adult should provide them that type environment through which they will develop their sensitive periods. Sensitive periods show the pattern which chid follows in gaining knowledge of his environment. On the other side absorbent mind is the way child absorb from the environment. Impressions do not merely enter his mind, they form it. They incarnate themselves in him. The child creates his own â€Å"mental muscles† using for this what he finds in the world around him. We have named this type of mentality (The absorbent mind, ch-3, page- 25). Child does not have impressions of environment, they form in his mind. Child develop their mental muscles by own and use in the world. They only want environment for store more and more things in their brain. And they use that collection in differentiating between 2 objects. There are2 types of period. One is unconscious mind period is between 0-3 yr. n which they absorb everything from environment. Second is conscious mind is between 3-6 yr. in which he is in embryonic stage or self construction period. PDPP and mneme is developing in conscious period. PDPP is a natural law of nature. There are 8 natural laws of development. First is law of work is taking place in both physically and mentally. Mind and physical energy called work. Adult should provide them purposeful work, through which child learn about peace, relaxing. Mental stage of child will be seen. Second is law of independence in this law child want to doing anything without any help is called independence. It is very important for child to be independent otherwise he relay every time on others. Adult should give freedom to do it. Third is power of attention. Pay extra attention is called power of attention. Adult should provide them small objects so they concentrate easily in an object. Fourth is development of will- decision make + action taken= will. there are 3 stages of will – one is spontaneously repeat action, second is he take decisions and then he take action and sense of responsibility is develop. Third is they doing work by their own, he discipline himself. Fifth is development of intelligence- intelligence is the ability make judgement an orderly manner and as soon as fast. Respond the stimuli very quickly and very sharply is called intelligence. Adult should provide them sensorial material so they develop their intelligence. sixth is development of child imagination and creativity- dr. Montessori believe that adult should provide real material to child not fantasy or imaginative otherwise child also start believing in fantasy. Creativity and imagination is only developing if real material should be available. Seventh is development of emotional and spiritual life- attachment of child and mother called emotional and spiritual life? Adult should help the child in developing social, emotional and spiritual life by loving and warm. Eighth is stages of growth and development- there are 4 stages first is 0-3-6 yr. is self construction in this period , second is 6-9-12 in this stage child is very comfortable, calm, cool stage, third is 12-15-18 in this period lots of disturbance is taking place is also called teenage for both male and female. Physical disturbance and hormones changes is also taking place, fourth is 18-21-24 children become settle down. They become mature, calm, understandable person. In whole philosophy adult have big role. Teacher should give directions to children. Child’s lead and teacher’s follow. Teacher should plan out the thing or she can make curriculum. Children have to develop himself in peace without any disturbance so its teacher responsibility to provide them that type of environment. Environment is the most important in releasing child potential so teacher showing herself as a growing person, she can’t be stagnant. She has 2 fold roles one is prepaid environment – she should keep such material through which child develop holistically. It should be interesting for child and force to work with material, it encourage to child. Material should be purposeful, aim for it. It will be help in discipline, obedience, mental development will takes place. Teacher should be place right material in the classroom. It will not heart him emotionally. Teacher should be neat and clean. Everything will be changing on the daily bases. Keep material changes otherwise they feel bore. Changes motivate the child and make them enjoyable. Place material according the child age. Teacher should make sure child should follow rules or limitations. Teacher should guide them in a orm manner. New material should be bring for children so become they learn more things. Teacher should give freedom of choice, freedom of speak, freedom of movement etc. adult prepare the environment and express to the child. Teacher need to give freedom of work with the environment. Teacher should be actively passive which means don’t do work for them; let them work to do ourselves. Teacher should have unified personality. Teacher should have active, creative, energetic, pleasing appearance etc. She needs to be knowledgeable or child psychology and child development knowledge should she have. She should be scientific observer. She should have faith in the child or believe in the child potential. She should not have judgemental. She should assist the child to developed his will and towards self discipline. She helps the child towards independence. She should good observer- she observe that how child use material, his behaviour towards material. Conclusion From the proceeding sections one can infer that education is not mere flow or exchange of information but provision of holistic environment such as the child may undergo all round development and his full potential is realised to the child, teacher, parents and the society. Free the child’s potential, and you will transform him into the world† (Dr. Maria Montessori, website-www. montessori. org). The essential purpose of Montessori is that give environment and freedom both are equally important for child development. If any of them is absent child get spoil badly. It is adult responsibility to give them that environment with freedom to use tha t environment carefully and orderly.

Why is it that we spend our time on the most useless things?

Why is it that we spend our time on the most useless things? We keep on hoping that somehow, our efforts are all going to be worth it. We keep on surviving knowing that in the end we die. And the worst of these is the fact that we keep on falling in love even if we will eventually get hurt. Do you believe in angels? Well if you do, how would you feel if I told you that there aren't any? What would come into your mind if I told you that angels do not exist? Will you hate the one who told you of them, just in case? It doesn't really matter what you believe in. What matters is that you know how you feel and that you'd stand proudly for your principles. And the most important thing is that you learn to accept the ideas of others no matter how much they might contradict yours. Keeping that in mind, I'd like to share an idea I have regarding these supernatural beings. Although I know it might be a total contradiction to a whole lot of standards set by the world, I still am hoping that you might find it worth your fancy. Life? What is it? You can't see it neither can you grasp it. You can't even control it. So why is it that we spend so much time trying to achieve longevity knowing that the future is uncertain? But is it really how long we live or how we live? To make the best out of every moment is the best way of taking advantage of such a situation. When would you most probably have your first experience of true love? It might sound corny but it's true that all of us would definitely come to that point. Why is it so difficult to expound on something that you would understand subconsciously, but can't find the right words to explain it? High school was rough. It might sound unbelievable but it's true. I couldn't hardly breath the first time I got in through the iron gates. I felt the weight of every eye scrutinizing my form. I guess it would appear to be nothing more than an example of a hyperbole. But the thought of all the prejudices being made about you is enough to make you feel uneasy. My freshman year isn't worth the time recounting. However, during my second year in school, whose name I care not mention, things took a different turn. Although it might sound like a total clichà ¯Ã‚ ¿Ã‚ ½ but my experience with this girl changed my life forever. How? I'll tell you in the simplest way I can. At first I thought she would just be another passing face. I did see her once during my first year. It was during a program where she received an award as the captain of her volleyball team after winning in the inter high school competition. I didn't even notice her. So, by now I guess you have an idea of how awkward it was for me to admit I liked her. To admit something that would mean weakness is definitely not my line. We became classmates as sophomores and that was the time I really gave her the attention she deserved. I mean she's smart, beautiful, talented and rich. It's her right to demand respect. Her genius truly gained my admiration. It was kind of funny how something so innocent as admiration could turn into something as cruel and evil as lust. Although lust was not the first feeling I felt. She intrigued me entirely. Her ways caused such curiosity within me that I took time to study her. I wanted to know her. I wanted to understand the way her mind works. However, she definitely did not feel the same about me at first. Actually, she could care less if I felt anything towards her. She never gave me the slightest bit of attention she could spare. In fact, she didn't spare any at all. I could never really ask for any considering the fact that the law banned my deep admiration for her. Unfortunately, I have to leave this portion up for you to find out just how much trouble I was in. Another aspect of my humanity was about to be revealed. My body began to change rapidly as though I were taking some sort of drug. However, I did not let this get in the way of achieving my goal. I wanted supremacy, power and most of all, her. These changes never did cause that much trouble until my unfortunate demise came to pass. I wanted her so much that I broke all the rules and told her of how I felt. At first, I thought she felt at least a tiny bit of love for me. But my suspicions were proven wrong. She hated me for it. She even thought it was a joke. She made my disclosure nothing more than a laughing matter. And for this, I hated her. She tore my soul apart. She stepped on my ego like it was nothing more than a rag. I felt the rage burning up inside me. I wanted revenge. The night after the incident, I felt something inside me begin to swell. I felt a burning sensation in my back that seemed to consume my entire being. The combination of my broken heart and the excruciating pain made me want to die on the spot. I had nothing to live for anyway. It seemed like all those years of strife were for nothing.