Education in South Africa: Mathematic and Scientific Performance

Education in South Africa: Mathematic and Scientific Performance This study is aimed at discovering the root cause and economic consequence of poor performance in Maths and Science in South Africa. The main objective of the research is to provide the South African Department of Education and the heads of governing bodies of school with information that will assist in the proper formulation of strategies drafted in the Action Plan, the execution of policies that address the root cause of poor Maths and Science performance in South African schools. The secondary objective is to emphasize the economic consequences that may arise as a result of the poor performance in Maths and Science and lastly to generate possible leads and ideas which can be used to formulate a realistic and testable hypothesis for future researchers. The research was carefully constructed and designed using the qualitative methodology, since the scope of the subject is too complex to be addressed by a yes or no hypothesis. The research process comprised of two phases. The first phase consisted of questionnaires distributed to 10 professionals in the field of Maths and Science who passed Maths and Science at Matric/Grade 12 level; and the second phase 10 questionnaires distributed to Non-professionals in the field of Maths and Science who did not pass or complete Maths and/or science at a Matric/Grade 12 level, The third phase consisted of 5 questionnaires to educational specialists, economists and experts in the Maths and Science career stream. Four interrelated key performance index constructs within the Education system were used, namely Teacher practice, Student achievement, Government and Curriculum content. The results of the research found that the core issues in relations to poor performance in Maths and Science was due to (To be continued).. The economic consequences as a result of the poor education system showed that (To be continued) Keywords: root cause, poor performance, Maths and Science, economic consequences Physics, chemistry and mathematics form the basis for many Scientific or technological applications and discoveries, and as innovation and technological advancement are the driving force behind todays globally competitive economy, it makes good career sense to gain the versatile skills an enabling science degree will award you. Professor Bruce Milthorpe CHAPTER 1: INTRODUCTION TO THE RESEARCH PROBLEM Introduction Maths and Science is a driving force of a strong performing economy, it is a key area of knowledge whose competency is necessary for individual and economic development and an important factor of global competitiveness especially in a world of rapid technological changes (Tatira, Mutambara Chagwiza, 2012). McGrath and Akoojee (2007) further adds that the rationale in focusing on education is that its crucial for competitiveness, they emphasize that education should be a core objective in the South African national development strategy to enable competitiveness in globalisation and the knowledge economy. The twentieth century has seen education rise above the ranks as a base for social economic development and as a prime influential factor of a countries level of wealth by being able to alleviate poverty, increase the workforce and stimulate intellectual flexibility among its societies (Ozturk, 2001). The research seeks to act as a point of reference or set a standard for the Department of education and the heads of governing bodies whose role is primarily the execution of policies and strategic action planning within the education system, specifically in the Maths and Science arena. Whilst Human capital investment within a country draws in different skills which are highly valuable due to the impact it has on the vital parts of everyday life, skills in Maths and Science are the most crucial for social and economic welfare, typical examples include important career streams in the life sciences, behavioural and social sciences, earth and environmental sciences, math and computer sciences, engineering, interdisciplinary and physical sciences (Ozturk, 2001). Education aspires nation building and promotes interpersonal tolerance due to its integration nature hence Societies are able to transcend beyond cultural and national boundaries due to the advantages and assurances that education brings, especially Maths and science (Romagnolo Anderson, 2010). 1.2 Background to the study 1.2.1 The State of Maths and Science in South Africa In Sub-Saharan Africa about 1% of GNP is spent on Science, technology and development, this amount is comparatively low, compared to developed countries (Govender and Gruzd, 2011). Although South Africas expenditure on education and training is more than most developed countries especially in the last 4 decades. The result show a growth of 48 million in embedded human capital in 1960 to 230 million in 1996 (Measured in completed school cycle), the downfall is the quality of the education (Simkins, 2002). The issues lies in strategies in terms of budget spending efficiency, the struggle to draw the interest of foreign direct investment and to preserve the most favourably experienced Africans in Maths and Science (Govender and Gruzd, 2011). Consequently the short supply of high-level skills is extensively confining the ability to develop the economy (Simkins et al, 2009). South Africa however is at an alarming state with the worst performance in both Maths and Science as released in an international study coordinated and released by the Human Sciences Research Council (HSRC) on 24 November 1996. The study was conducted by the International Association for the Evaluation of Educational Achievement (IEA) assessment on Trends in International Maths and Science Study (TIMMS, 2003). The president of the HSRC, Dr Rolf Stumpf commented at the release of the assessment results These alarming results show that merely tinkering with the symptoms without addressing the root causes of our poor performance in mathematics and science will be a waste of time and money (HSRC, 2004). South Africa ranked 45th out of a total of 45 countries surveyed, in terms of Grade 8 Maths and Science assessment. The study highlights South Africas country average at 244 for Science and 264 for Maths compared to the international average of 467 for Maths and 474 for Science at the eighth grade level. The results unveil a substantial variation in Maths achievement between the highest and lowest performing countries, from an average of 605 for Singapore to 264 for South Africa in the mathematics assessment. The problem starts at primary level with approximately 75% of the poorly performing school system experiencing poor arithmetic ability from their learners and consequently further mathematical education becoming incomprehensible. South Africa is therefore confronted with a massive challenge to address the numeracy failure, unless it will not accomplish the system-wide and prolonged improvement in the Maths and Science education reform, in terms of remedying the poor performance symptoms (Rule Bernstein, 2009). There is an increasing need to excel in Maths and Science education, as it is the doorway towards building a developed country and to achieve that requires a scientific and technological advancement that will facilitate growth and development of the economy, this is necessary especially to face the fierce global economic competition (Mji Makgato, 2006; Dimmock, 2011). Commenting before the release of the assessment results, the executive director of the assessment technology and education evaluation research programme in the HSRC, Dr Anil Kanjee stated that This is especially relevant for mathematics and science education in South Africa, an area that the nation has recognized is in need of significant improvement if we are to participate and excel in the global economy (TIMSS SA, 2003). Problem Statement In light of the persistent national crisis in Maths and Science education and the role that Maths and Science plays in citizenship empowerment. It is necessary to understand the intimate relationship between unemployment, inequality, poverty and the role that Maths and Science education plays in dealing with the factors in South Africa. South Africa is amongst the worst in the world in terms of inequality, with a Gini-coefficient in the range of 0.58 0.68. Between 18-24 million of the South African population is in poverty and about 36.7% is unemployed including those who are not actively looking for employment. (McGrath Akoojee, 2007). The government plans to eradicate poverty through creating 5 million jobs through the new growth path by 2020 by redressing the inequality through deliberate affirmative action and practices. The education system is a key element of the new growth path. It plays a vital role in the transfer and development of skills and technology. In terms of Maths and Science, the new growth framework seeks to strengthen procedures to guarantee better and more reasonable admission to science and Maths education at secondary level (Patel, 2010). Purpose Statement The subject of Education, especially Maths and Science has been at the helm of many discussions in South Africa and globally, especially with about 90% of our schools failing to meet the minimum performance standards in Maths and Science. In spite of the above, theres currently insufficient data on the root cause of poor performance in Maths and Science although South Africa is facing a national predicament and this poor performance is actually congesting system-wide remedies (Simkins, 2010). The role of this research is to close the gap in the exploratory literature of Maths and Science by introducing practical data in the root cause and consequences of poor performance in Maths and Science by South African schools. The research exclusively deals with poor performing schools in South African Primary and Secondary schools both in the public and private sector. Primary goal of the study This studys fundamental purpose is to determine the root cause of poor performance in the area of Maths and Science in South Africa. The aim of the primary goal is in the exploration of the central phenomenon (Creswell, 2008). Achieving the secondary objectives normally implies the recognition of the primary objective (Struwig Stead, 2001). The aim of the secondary objectives is to explore the complex set of factors surrounding the central phenomenon (Creswell, 2008). Hence listed below are the formulated secondary objectives. Secondary goals of the study To explore the economic consequences produced by the poor performance in respect of Maths and Science in South African schools. To identify the success determinants of the economies with high Maths and Science performance The above represent the preliminary goals of the research but as the research proceeds the objectives may shift as the findings surface (Struwig Stead, 2001). Research Questions The research is planned to concentrate on the following crucial questions: Research question 1: What is the leading, underlying issue which leads to the poor performance in terms of Maths and Science? Research question 2: What are the economic impact as a result of poor performance in Maths and Science? Research question 3: What role should the South African government play to remedy the root cause of the poor performance in Maths and Science? Layout of chapters The research report consists of seven chapters as follows: Chapter 1: Introduction A comprehensible indication of what the study concerns is highlighted and the goal of the study is discussed to shed light to the topic. The overview of the research problem, purpose statement, primary and secondary goal and the research questions channeling the study. The following issues are addressed: the role that education plays in the economic development of the country, the state of Maths and Science in South Africa, Cleary highlighting the Maths and Science sectors performance. Chapter 2: Literature review An argument that supports the study is presented using relevant, current literature review. The statement of the research problem is refined and an argument is built using the literature. The chapter shows and looks at literature on the topic of Maths and Science, the economical impact associated with poor performance in Maths and Science and the various types of remedies available for a developing economy. Chapter 3: Research Questions The purpose of the research is defined through research questions, since the research is under-researched. This chapter builds up to the point that the following chapters will provide practical evidence to explore the dimension. Chapter 4: Research methodology This chapter highlights the method of data collection that will be used. It highlights the unit of analysis, the population, the sample size and sampling method, the research instrument, outlining clearly how the data was collected and the process adopted. The limitations to the study and the ethical considerations are outlined. Chapter 5: Results The results are presented in this chapter especially focusing on the qualitative approach; the results of the root cause and the economic consequence are presented in a form of figures and tables. Chapter 6: Discussion of results The results in chapter 5 are presented with a link to the research question, the research questions are presented as the major headings. An in-depth analysis of the result is conducted, clearly linking to the literature review and confirming that the research objective is met. Chapter 7: Conclusion This chapter summarizes the findings into an organized format, ending with recommendations to the stakeholders and future research. CHAPTER 2: LITERATURE REVIEW 2.1. Introduction The objective of this literature review in accordance to the research problems is to further describe the problem. The literature review contextualizes research conducted locally and globally. Relevant publications, journals, reports and academic books were reviewed in order to collect data and discussions on the proposed research, mostly to determine if research of a same nature was not conducted in prior years. The theory reviewed in this section is categorized into three sections: poor performance in Maths and Science, economic impact and success determinants. The first part provides a general perspective on Maths and Science poor performance looking at the variables underpinning the subsystems in terms of teacher practice, student achievement, curricular content and state of the government (Reddy, Kanjee Diedericks, 2007). The second part is an overview of economic impact with particular reference to Maths and Science, looking at the economy of South Africa, China and Brazil. Thirdly the success determinants are discussed looking at the important influences in Maths and Science achievement and the respective predictors. There is a need for specific insight in the factors that determine the success of Maths and Science as this builds on to the solution of the root cause. 2.2. Poor performance in Maths and Science A large number of studies seem to gravitate towards the problem of Maths and Science education in South Africa as illustrated by the poor performance of matriculants who failed to meet the admission requirements of Maths and Science faculties (Mabila et al, 2006). The problem of poor performance in Maths is one of the most paramount fears of teachers and other Maths educators globally. Allegations point to the fact that poor performance capitulate negative behaviour and even trepidation of Maths by pupils (Wadesango Dhliwayo, 2012). South Africa had a very low minimum pass rates requirement for Maths and Science at 29% and 30% respectively in 2010 but learners are not motivated to study Maths and Science as theyve observed the failure of others (Mji Makgato, 2006). Maths and Science were mostly disguised as subjects not for the weak and so this becomes a self-fulfilling prophecy that Maths is a subject for those with greater intellectual ability. The author further adds that the education system methodology of measuring grade passes vs. the provision of educational quality is at the core of the Maths and Science learner fear complicacy. Mabila et al. (2009) argued that there were several factors that contributed to this phenomenon of poor performance, namely lack of regulation, inadequate resources, poor drive in students and teachers, implementation of policies and lack of parental involvement. Govender Gruzd (2011) added that Maths and Science has a potential of unlocking the continents economic and developmental decline but education in Africa required remarkable development; the authors cited that education was disregarded and was not in the focal point of Africas expansion plan, the author further noted the factors responsible for poor performance in Africa such as lack of qualified teachers, proper infrastructure, learning equipment and enrolment into the Maths and Science subjects bears fruit to the need for development. Bradbury Miller (2011) differ in their argument in that the unequal schooling system produced various drawbacks that necessitated restoration but agreed on the factors such as lack of quali fied teachers as part of the inequality amongst the others which they express as a lack of excess to successive education levels. It is clear from the evidence that Maths and Science education failure is caused by various factors and that poor performance is characterized by inequities, scarce resource and strategy. 2.2.1 Teaching Practice South Africa is reported to be the leading technological giant in Africa but in terms of Maths and Science it fell below its economic opponent Indonesia, Chile and Malaysia. The reason for this lag was due to the lack of Maths and Science graduates who can propel progress forward in terms of knowledge sharing in the space of Maths and Science. The central part of this national dilemma is due to the minimal levels of Maths and Science education in classrooms across Africa (Govender Gruzd, 2011). The Department of Education in South Africa changed the curriculum to enforce Maths into the curricular by adding Maths literacy into the equation as an alternative to Maths; this was done in order to increase Maths participation to a 100%. Although this was an outstanding government initiative, it added a need for more Maths and Science teachers. Govender Gruzd (2011) indicated that Africa needed atleast 3 million more teachers to cope with the growing enrolments. Simkins et al (2009) qualified the statement by illustrating that South Africa was experiencing the same predicament with an escalating burden of more Maths classes and therefore teachers, this was due to the initiative to enforce Maths learning. This was further aggravated by the shortage of properly qualified and skilled Maths and Science teachers. The issue lies in the education departments failing to recruit talented and bright Maths and Science graduates who understand and could teach Maths and Science, these crucial skills could not be attracted into the system due to the lack of incentives and low pay. Govender Gruzd (2011) revealed shocking statistics in terms of educators in South Africa, which stated that up to 60% of the educators, had not been trained in Maths and Science, part of the main reason is that government was failing to translate their commitment to education into budgetary allocations. Education policies are drafted but the commitment lacks i.e. the scrapping of teacher colleges, inefficiency in training teachers and outdated teacher practices resulted in untrained teachers who struggled with the topics and hence imparted knowledge with a lack of foundation in content knowledge and imagination. This has created a poor foundation for the future development of Maths and Science graduates (Govender Gruzd, 2011). (Mji Makgato, 2006) said that Maths and Science are practical subjects and the teaching adopted in classes does not continually suggest practice, in the teaching of Maths and Science problems such as poor time management and incomplete syllabuses as a result of no school learning plan, continued to affect the practical method of teaching. 2.2.2 Student achievement Firstly in order to measure and gain understanding of the variances in student learning, there is a need for suitable and correct Maths and Science assessment tools. South Africas inability to participate in most Maths and Science assessments shows the countries inability to recognize the state of the problem or even a need to know how they fare in the global context so as to improve the performance of its student (Venkat, Adler, Rolinick, Setati Vhurumuku, 2011). According to Taylor (2010) the overall level of achievement amongst South African children is extremely low; this is not shocking as there are two educational systems in South Africa. The first covers 80-85% of the learners who experience the historically disadvantaged system with traits of low proficiency in reading, writing and numeracy, the second system covers the 15-20% of the students from the affluent groups who achieve world class results. The first system is further aggravated by poor school management, due to lack of resources such as textbooks, study materials and proper school facilities. Teachers who were qualified and experienced tended to flock towards the more urban and developed provinces to teach in schools with proper school management (Taylor Derekyu, 2009), hence the situation in the first system is further disadvantaged by inadequate experienced teachers who lack the proper resources or support to elevate their skills. The majorities of the graduates who obtained university entrance were produced in the second system and further enjoyed a social mobility and performance advantage. Taylor (2010) further indicated that the socio economic status was still the core indicator of student achievement as supported by the results in performance in the different school systems. The author noted the following results as conducted in a national socio-economic status, Schools which did not perform satisfactorily had not completed their curriculum coverage which in turn affected the learning capability of the students but this could be due to the learning shortfall from prior years which in turn slows the curriculum coverage. Math and Science teachers were tested in a simple maths test and the deficient teachers scored 40% or less, those with higher marks produced students who performed better in Maths and Science, these results showed the importance of teacher knowledge and experience to the student achievement. Taylor (2010) noted that the more materials were available as well the better the student performed, which concludes the point that schools which are properly managed produces better student achievement. 2.2.3 Curriculum content Although the change in curriculum by the Department of Education (2008) was an excellent initiative in terms of rendering Maths education non-negotiable, adding Maths Literacy as a mathematical wing has caused a nationwide debate The question is what is meant by mathematics in the concept of Maths literacy and the use of the word Literacy in conjunction with Maths (Vithal Bishop, 2011). Looking at the factors that contributed to the poor performance in Maths and Science, the question that arose in regards to Maths literacy was whether Maths literacy was going to contribute to the knowledge required in a Maths economy or will this addition exert pressure on the system and subsequently on to the poor performance? Table 1 below illustrates the design of the competencies that the Department of Education aimed for with the Maths, Maths Literacy and Science Curricula. According to Simkins et al (2009) the alteration of the curriculum has added up to 60% to the mathematical instructional problem since Maths or Maths literacy have become compulsory with the new National Senior Certificate changes. The CDE noted that the introduction of Maths literacy has actually resulted in students, who would have qualified to study Maths with a successive pass enroll for Maths literacy instead. This means that South Africa is losing out in terms of potential Maths graduates into the Maths and Science system (Simkins et al., 2009). 2.2.3.1 The language issue According to the findings by Wildsmith-Cromarty Gordon (2009) dialect differences cause uncertainty in terms of what the terms mean and adds difficulty in comprehension, teachers preferred to have a standardized book in the language of instruction for Maths and Science and as well in the home language for ease of reference. Probyn (2009) stated in his finding that when home language was used in class, it increased the level of class participation. The author argues that the student need to cross borders in order to understand the information within the curriculum as the wording is written as if the reader is of the mother tongue, he further adds that learning in a second language infringes on the value system of the student. Probyn (2009) argued that the issue is that learners past experiences are entrenched in their cultural and traditional beliefs, norms and values. MATHS This curriculum is designed for those who intend to follow a career path requiring Maths, or those who are interested in the subject. The competencies aimed for include: 1. Mathematical process skills, such as making conjectures, proving assertions, and modeling situations; 2. Confident calculation, with and without calculators; 3. Manipulation of algebraic expressions; 4. Financial calculations; patterns and transformation of functions; 5. Two- and three-dimensional geometry and trigonometry; 6. Basic statistics and probability; 7. Differential calculus; sequences and series; 8. Solution of unseen mathematical problems; 9. Historical development of Maths in various cultures; 10. and use of technology in calculations, and the development of models. MATHS LITERACY Maths literacy is driven by the life-related applications of Maths. It enables learners to develop the ability and confidence to think numerically and spatially in order to interpret and critically analyse everyday situations, and solve problems. The competencies aimed for include: use of numbers to solve real-life problems; modelling of situations using suitable functions and graphic representation; description, representation, and analysis of shape in two and three dimensions using geometrical skills; critical engagement with the handling of data (statistics and probability), especially the manner in which these are encountered in the media; and use of technology in calculations. PHYSICAL SCIENCE Maths introduces a more extensive range of mathematical techniques, whereas Maths literacy Starts with real-life situations and develops a more limited range of techniques to deal with them. Physical science is divided into six core knowledge areas: 1. Matter and materials (integrated); 2. Systems (chemistry); 3. Change (chemistry); 4. Mechanics (Physics); 5. Waves, sound and light (physics) and electricity and magnetism (physics) Source: Simkins et al (2007. p.36) 2.2.4 State of government Dimmock (2011) undertook research in schooling policies, the author explored the development and investigated the consequence of the policies from the changing context of the central government in terms of school relationship. The author compared the policies of two contrasting countries, which had the best performing schools in terms of international assessments, Dimmock (2011) notes that the two policies are more different than similar in the context of cultural values, politics and economic situations influences but the results are satisfactory in the global context despite the differences. In relation to the study by Dimmock (2011) it is possible to establish that governmental intervention besides the context of the country can produce results which are adequate, as long as they adopt policies which incorporate the countrys culture, politics, and economical standing. South Africas involvement in terms of school relationship is questionable beyond the budgetary relationship where South Africa spent more than any other developing country in Africa yet 80% of the overall government spending was on personnel (Taylor, 2010). In a system where teachers are underpaid, the 80% is not justifiable. Simply there has been a lack of targeted investments in innovative solutions and a strong political commitment over a long period of time to change the social compositions of schools which is more important than school spending in educational achievement (Taylor Derekyu, 2009). Education increases productivity and the overall labour market, it develops the ability to innovate and aids in the transmission of critical knowledge for the development of the country. The South African government requires this productivity, labour market and innovation in order to further transform the social compositions of schools, hence without the investment in the school relationships, the government will still lack the resources to innovate (Taylor Derekyu, 2009). 2.3 Economic impact 2.3.1 South African economy 2.3.2 China 2.3.3 Brazil 2.4 Success determinants Ndlovu (2011 as cited by Gipps, 1993:40) stated that in terms of Maths and Science education for social justice it should be structured in a way that the teacher is trained to be capable of creating learners who are able to analyze situations, conceptualize and justify critical decisions and so forth. Chipaike (2012) further stated that science formed part of the social environment and connected issues of social development; the author noted that science is not merely about manipulation of equipment and laboratory experimentation. It is about education for social development. Social development is laden not only with concepts but also skills and values such as the development of human potential, moral, cultural and gender sensitivity, participatory democracy, collaboration, unity and peace (Chipaike, 2012). Ndlovu (2011) commented that without Maths and Science, inequality in terms of opportunities and social isolation are exacerbated as Maths and Science enforces citizenship empower ment. Hickling-Hudson (2004) stated that in Cuba which has a dedicated programme to develop teachers in Maths and Science education and has outperformed all the other Latin countries, the teachers have atleast a 5 year university degree, Master or PhD level, foreign exposure in terms of expertise and also receive consistent training. Dimmock (2011) argued that a school policy which has a designated segregation of talent is more likely to achieve excellence, in Singapore they have a specialist school in science and technology, which is endorsed by the government and allocated the cream of the crop in resources. CHAPTER 3: RESEARCH QUESTIONS 3.1 Introduction Education in South Africa specifically in Maths and Science has an underlying deep failure rate due to reasons lin

Misrepresentation in Law

CHAPTER EIGHT MISREPRESENTATION A misrepresentation is an untrue statement, which induces the other party to enter into the contract. A misrepresentation may be fraudulent, negligent misstatement, or wholly innocent. The applicable remedy depends on the nature of the misrepresentation. In order for a representation to amount to an actionable misrepresentation it must be: a)false; b)one of fact as oppose to intention, opinion, or law; c)The statement must be addressed to the party who claims to have been misled; )it must be the chief reason which induced the other party to enter the contract. If the representation that is being challenged satisfies these four requirements, then it is an actionable representation. Statement of Fact or Opinion A statement which is made to the other party that is false and induces him to enter into the contract, this is an actionable misrepresentation. The false statement must be one of fact and not of law because no one can misrepresent the law since ev eryone is presumed to know the law.A statement of opinion is not actionable per se as a misrepresentation because it is not a statement of fact. In Bisset v. Wilkinson, the respondent purchased from the appellant, two plots of land in New Zealand for the purpose of sheep farming. During the negotiations, the appellant told the respondent that, if the place was worked properly, it would carry two thousand sheep. The respondent, it was admitted, bought the place believing that it would carry two thousand sheep.As both parties were aware, the appellant had not and, so far as appeared, no other person had at anytime carried on sheep farming on the land. In an action for rescission for misrepresentation, Sim J. said: In ordinary circumstances, any statement made by any owner who has been occupying his own farm, as to its carrying capacity would be regarded as a statement of fact†¦. This, however, is not such a case †¦ in these circumstances. The plaintiff were not justified in regarding anything said by the defendant as to the carrying capacity as being anything more than an expression of opinion on the subject.Their Lordships concurred in their view on the matter, and therefore held that the purchaser had no right to rescind the contract since an erroneous opinion stated by the party affirming the contract, though it has been relied upon and has induced the contract on the part of the party who seeks rescission, gives no title to relief unless fraud is established. The ratio decindendi of this decision is that the respondent had no previous or present knowledge of the capacity of the land, neither was he an expert in sheep farmingSo in the opinion of the Court the most he could have averred was a mere opinion. However, in certain circumstances, an opinion because it presupposes the possession of certain knowledge, may be an actionable misrepresentation. In Smith v Land and House Property Corporation, the vendor of an hotelier described it as let to a Mr. Frederick Fleck, a most desirable tenant. The tenant was in fact in arrears with his rent. It was held that the statement was not a mere expression of opinion because the vendor was impliedly stating that he has facts, which justifies his opinion.The court deemed the vendor to have knowledge of particular facts; therefore the ‘opinion’ was regarded as a misrepresentation of fact, which induced the other party to enter into the contract. The decision in Bisset’s case was followed in Esso Petroleum Co. Ltd. v. Mardon. Esso’s experienced representative told Mardon that Esso estimated the through-put of petrol on a certain site would reach 200,000 gallons in the third year of operation, and so persuaded Mardon to enter into a tenancy agreement in April 1963 for three years.Mardon did all that could be expected of him as tenant but the site was not good enough to achieve a through-put of more than 10,000 gallons. In July 1964 Mardon gave notice to quit, but Es so granted him a new tenancy at a reduced rent. Mardon continued to lose money and by August 1966 was unable to pay for petrol supplied. Esso claimed possession of the site and the money due. Mardon claimed damages in respect of the representation alleging that it amounted to 1) a warranty, 2) a negligent misrepresentation. On the matter Lord Denning M. R. said that Council for Esso retaliated by citing Bisset v. Wilkinson where the Privy Council said that a statement by a New Zealand farmer that an acre of land† would carry 2000 sheep was only an expression of opinion. He submitted that the forecast here of 200,000 gallons was an expression of opinion and not a statement of fact, and that it could not be interpreted as a warranty or promise. Lord Denning said that he would quite agree with Counsel for Esso that it was not a warranty – in this sense that it did not guarantee that the through-put would be 200,000 gallons.But one party, Esso, has special knowledge and ski ll. It was the yardstick by which they measure the worth of a filling station. They knew the facts. They knew the traffic in the town, they knew the through-put of comparable stations. They had much experience and expertise at their disposal. His Lordship went on to show that Esso was in a much better position than Mr. Mardon and their statement of opinion presupposes that they have knowledge to support the opinion. This is very different to the circumstances in Bisset v.Wilkinson where the land had never been used as a sheep farm and both parties were equally able to form an opinion as to its carrying capacity. The Court, therefore, found that Esso was liable for damages for breach of warranty. Fact and Intention Where a representation merely expresses the intention of one party, under normal circumstances the intention, if it is not fulfilled, is not an actionable representation. However, in some circumstances an expression of intention may be considered a statement of fact. In Ed gington v.Fitzmaurice, Bowen LJ said: â€Å"There must be a misstatement of an existing fact: but the state of a man’s mind is as much a fact as the state of his digestion. † The facts in that case are: The directors of a company invited a loan from the Public and stated that the money would be used to improve the company’s building and to extend the business. The real intention of the directors was to use the money to pay off the company’s existing debts. Their statement of intention was held to be a statement of fact. Can Silence Amount to Misrepresentation?Generally silence is not misrepresentation. Each man must protect his own interest and exercise reasonable caution when entering a contract: Caveat emptor. However, the court may consider certain kinds of silence as misrepresentation. In With v O’Flanagon the defendant wanted to sell his medical practice. The negotiations began January 1 at which time the practice was worth ? 2000. 00 per year . However, the defendant fell ill and by May 1 when the contract of sale was signed, the practice was virtually worthless.It was held that the defendant’s silence in the situation amounted to a misrepresentation. Opportunity to Verify Representation Where the representee is given the opportunity to verify the representation made to him, he may or may not make use of the opportunity. If he chooses to act on the statements made by the representor and the statements turn out to be false he can sue but if he chooses to verify and confirm a statement, which is in fact false, he cannot sue the representor. In Redgrave v. Herd, a man was induced to buy a solicitor’s practice by a misstatement of its value.He was given the opportunity to inspect the books, but he did not. If he had checked the books, he would have found that the practice was over-valued. However, the Court held that the non-use of this opportunity did not vitiate his claim. The Privy Council in Senanayake v. C henq followed this decision. However, when the representee carries out independent investigation to ascertain the accuracy of any statement made to him, though he did not find out the truth, he cannot claim to have been misled because then he would be relying on his own findings or that of his experts.In Atwood v. Small, a vendor offered to sell a mine and made exaggerated claims as to its capacity. The buyer appointed agents to investigate the mines. The agents reported wrongly that the claims were true. The contract of sale was then completed. It was held by the House of Lords that, the buyer’s subsequent action must fail because they have not relied on the vendor’s statement, but on their own independent investigations. Curtis v. Chemical Cleaners misrepresentation. Types of MisrepresentationFraudulent Misrepresentation. Fraud was defined by Lord Herschel in Derry v. Peek as meaning that the representation made is a false representation: 1) Knowingly or 2) Without b elief in its truth or 3) Recklessly, careless whether it is true or false. Fraud must be strictly proven and the burden of proof is high: It requires evidence of actual dishonesty. Negligent Misrepresentation/misstatement. Liability in damages for negligent misrepresentation was created by the decision in Hedley Byrne & Co Ltd. v.Heller & Partner, if there is a special relationship and that the defendant was a skilled professional person acting in the course of his business upon whose advice it is reasonable for the plaintiff to rely. Section 2(1) of the Misrepresentation Ac, 1967, codified this principle. The defendant can escape liability on the section if he can show that he had reasonable grounds for the belief and that he held those beliefs up to the time the contract was made that the facts represented were true. The burden of proof is on the representor.See the judgment of Lord Denning in Esso Petroleum v. Mardon. Seeing that the S. 2 (1) supersedes the Hedley Byrne’s case, it is doubtful whether this additional head of damages would add anything to the existing rights under S. (1). Where a representation becomes a term of the contract, the plaintiff will sue for breach of a contractual term or breach of warranty, not for misrepresentation. Innocent Misrepresentation. Whittington v. Seale-Hayne Types of Remedies An actionable misrepresentation attracts the remedies of rescission and damages.Rescission, providing that none of the bars to rescission are applicable, cancels the contract and restores the parties to the status quo ante. When rescission fails the innocent party will be awarded damages which is a monetary compensation that will put him in the position he would have been in but for the misrepresentation of the representor with whom the innocent party had contracted. Rescission or Cancellation. The right to rescind is the right of a party to have the contract set aside and to be restored to his former position. The contract remains valid unless and until rescinded.Third parties may acquire interest under the contract if the innocent party does not act with promptitude, providing that the innocent party is a bona fide(honest) purchaser for valuable consideration. In Car & Universal Finance v Caldwell, the defendant sold his car on January 12, 1960, to Norris who took it away leaving a deposit of ? 10 and a cheque for ? 965. The cheque was dishonoured when the defendant presented it the following day. He immediately informed the police and the Automobile Association of the fraudulent transaction.Norris subsequently sold the car to a third party who sold it to the plaintiff. The question the Court had to decide was whether the defendant’s conduct and representations on or about January 13 amounted to a rescission of the contract of sale. Lord Denning M. R. held that where a seller of goods had a right to avoid a contract for fraud, he sufficiently exercised his election if, on discovering the fraud, he immediate ly took all possible steps to regain the goods, even though he could not find the purchaser or communicate with him, and the contract was rescinded on January 13.If the innocent party delayed cancelling the contract, any third party who purchased the item bona fide would have acquired a good title to the property and the original owner had no claim to it. See the speech of Lord Wilberforce in Johnson v. Agnew. There are several bars to the right to rescind which may work against the innocent party to the contract. The bars are restitution impossible, third-party rights, affirmation, lapse of time. These are discussed in the paragraphs that follow. Restitution Impossible.When a party rescinds a contract, it must be possible for the Court to restore the two parties to the Status quo ante, to put the parties back in their original position before the contract was made. However, this limitation should not be strictly construed, and the mere fact that the subject matter of the contract m ay have deteriorated before the truth is discovered, is not sufficient to prevent restoration and so destroy the right to rescind a contract. * In Newbigging v. Adam, rescission was granted even though the partnership business was worse than â€Å"worthless†.The facts of that case were â€Å"The plaintiff entered into an agreement with the defendants by which he was admitted as a partner with a manufacturing business and provided ? 10,000 of new capital. He was induced to enter into the agreement by a material innocent misrepresentation as to the capacity of certain machinery. The business failed, and the plaintiff sued for rescission of the agreement for recovery of his capital, and for an indemnity against all claims which might be made against him by virtue of his being a partner.The Court unanimously agreed that he was entitled to the remedy for which he asked. Before the passing of the 1967 Misrepresentation Act, there was a further bar of rescission: if the misrepresen tation was innocent, there could be no rescission of a contract after it has been executed. * Seddon v North East Salt Co. Ltd. The extent of this rule was somewhat uncertain and it was the subject of much discussion, for in many cases the falsity of the misrepresentation cannot be discovered until the contract is executed. However, the Privy Council in Senanayake v. Cheng did not follow the decision. By S. (2), except in the case of fraud, of the 1967 Misrepresentation Act, the Court has a discretion to allow rescission and to award damages in lieu of rescission, and in this way could allow the contract to continue to subsists whether it was executed or not. The act has over rule Seddon’s case, Wilde v. Gibson. * Third-party Rights. As stated above a third party may acquire a good title if the owner of the property did not act speedily to rescind the contract, providing that the third-party has no knowledge of the origin of the property and could not reasonably be expected t o: Car & Universal Finance v.Caldwell. A similar decision was made in Lewis v. Averay: The plaintiff advertised his car for sale. A rogue, posing as the well-known television actor, Richard Greene, called on the plaintiff and offered to buy the car. The plaintiff accepted the order, and the rogue wrote out a cheque, signed it, â€Å"R. A. Greene’. The rogue wished to take away the car at once, but the plaintiff was not willing for him to have it until the cheque had been cleared. At the plaintiff’s request the rogue produced identification that he was R.A Greene in the form of a special pass of admission to Pinewood Studios, bearing the name R. A. Greene’ and an address, a photograph of the rogue, and an official stamp. The plaintiff was satisfied on seeing this pass and allowed the rogue to have the car. The cheque was worthless and the rogue sold the car to the defendant, a music student, who bought is in good faith. The Court of Appeal held the plaintiff int ended to contract with the person before him. The contract was merely voidable for fraud and the defendant, a third party, acquired a good title in the car against the plaintiff.Affirmation of the Contract. If after becoming aware of the misrepresentation the party affirms the contract either by express words or by taking any benefit under the contract, e. g. accepting dividends on shares, or failure to remove his name from the register of shareholders. In Long v. Lloyd the plaintiff was induced to purchase a lorry by the defendant’s representation that it was â€Å"in excellent condition†. On the first journey after the sale, the dynamo broke and the plaintiff noticed several other serious defects.The defendant was informed of these and offered to pay half the cost for the repairs. On the next long journey, the lorry broke down completely and the plaintiff realised that it was in a deplorable condition. He claimed to rescind the contract. The Court held that the secon d journey amounted to an affirmation and therefore the right to rescind was lost. Lapse of Time Under certain circumstances, lapse of time may be deemed to be affirmation, especially if the other party takes a considerably long time to rescind the agreement.However, normally, time does not beginning to run until the plaintiff becomes aware of the misrepresentation. In Leaf v. International Galleries, the plaintiff bought from the defendant a painting of Salisbury Cathedral which the defendant innocently represented to him at the time of the purchase to have been painted by Constable. Five years later, when he tried to sell it, he discovered that was not the case. He brought an action for the rescission of the sale. The Court of appeal held that it was too late to rescind the contract.Damages The remedy of damages, availability or otherwise depends on the nature of the misrepresentation committed fraudulent, innocent, or negligent. In Newbigging v. Adam damages were award for misrepr esentation. In Whittington v. Seale-Hayne, the Court granted the plaintiff an indemnity against some of the lost which he suffered due to innocent misrepresentation. In Hussey v. Eels damages was assessed for negligent misstatement as to the non- existence of subsidence on the property which was the subject of the contract. ——————————————- [ 1 ]. [1927] AC 177 [ 2 ]. ibid at 180 [ 3 ]. (1884) 28 Ch D 7 at 15 [ 4 ]. supra at 191 [ 5 ]. [1976] QB 801 [ 6 ]. supra at 191 [ 7 ]. ibid [ 8 ]. (1885) 2 Ch. D 459 [ 9 ]. [1936] Ch. 575, [1936] 1 All ER 727; Davies v. London and Provincial Marine Insurance Co (1878) 8 Ch. D 469, judgment of Fry J. at 475 [ 10 ]. (1881) 20 Ch. D [ 11 ]. [1965] 3 All ER 296 [ 12 ]. (1838) 6 C L & Fin 232 [ 13 ]. (1889) 14 App. Cas 337 [ 14 ]. [1964] AC 465, [1963] 2 All ER 575, See Mutual Life Citizens Assurance Co v.Evatt [1971] Ac 793, [1971] 1 All ER 156 [ 15 ]. [1976] QB 807, [1986] 2 All ER 8 [ 16 ]. Supra 218 [ 17 ]. [1965] 1 QB 525, [1964] 1 All ER 290 [ 18 ]. [1986] AC 367, [1979] 1 All ER 883 [ 19 ]. (1886) 34 Ch D 582 [ 20 ]. [1905] 1 Ch 326 [ 22 ]. Supra 197 [ 23 ]. (1848) 1 H L Cas 326 [ 24 ]. Supra 195 [ 25 ]. [1975] 1QB 198, [1971] 3 All ER 907 [ 26 ]. [1958] 2 All ER 402, [1958] 1 WLK 753 [ 27 ]. [1950] 2 KB 86, [1957] 1All ER 693 [ 28 ]. Supra 196 [ 29 ]. [1905] 82 CT 49

Command vs Market Economy

Command Economic System: When we talk about the term â€Å"command† in historical context; whether it relates to economic, political or warfare, command has always been vested in the hands of the few. If we relate â€Å"these few† to a group of people who exercise power in terms of making decisions (be it economic/social/political etc) for ALL the people they govern, we call this process or system a â€Å"Government†. In a command economic system, this government basically owns and controls most of the economic resources of the country.This â€Å"Command† economic system is also known as â€Å"socialism† or â€Å"communism† (McConnell – Economics) In any economic system decisions have to be made regarding production of goods and services, price setting, education, expenditure on infrastructure, resource allocation, resource/property ownership, resource distribution, establishment of industries and businesses, salaries for individuals e tc. In a Command Economic System, all these decisions are taken by the Centre/Government.Public in general/ individuals in general do not have any â€Å"say† in such government decisions. Practically speaking, â€Å"Absolute† command economy doesn’t exist in this world, even near perfect â€Å"command economy† of Soviet Union/Russia had private/market influences in its system. McConnell states North Korea and Cuba as near to perfect Command Economic Systems. Pakistan too took a step towards socialism/nationalization in Zulfiqar Ali Bhutto’s era in 1970s, which later had to be discontinued in wake of emerging capitalist economic forces at that time.Market Economic System As opposed to Command Economic System, Market Economic System is characterized by near to minimal role of Government in governing and directing economic activity of the country. In other words, it is simply the opposite of a command economic system discussed above. The salient featu res of a market economic system includes â€Å"Private† ownership of economic resources (i. e. , land, labor, capital and entrepreneur), coordination of economic activity through markets, production and distribution decisions aken by private businesses and firms, determination of market prices and quantity through forces of demand and supply (rather than government) etc. The concept of market is fundamental in understanding the captioned subject. Market is a place where buyers and sellers of products come together and through their buying and selling behaviour, price and output for the economy is determined. The sellers seek to maximise their objectives (primarily profit) through engaging in practices that may compromise societal benefits at large (self interest).To keep profitable, businesses innovate/invest in R&D to achieve economies of scale to minimise cost and this lust for market power often leads to competition/inter rivalry amongst firms which leads to production of goods and services at less than socially optimum level. Though practically speaking a perfect market economy can’t exist (government intervention is required in certain areas) Hong Kong, United States and Ireland (ref McConnell) are nearest examples of free market economies in today’s world, where Government’s intervention is minimal.

Analysis of To His Coy Mistress by Andrew Marvell and...

Analysis of To His Coy Mistress by Andrew Marvell and Sonnet by Elizabeth B. Browning This assignment will examine two poems that were written before 1914. The two poems I will be focussing on are To His Coy Mistress by Andrew Marvell and Sonnet by Elizabeth B. Browning. In the essay I will be looking at how both poems emphasise love but yet have very different approaches as in the coy mistress the persona is trapping his mistress into falling in love with him and uses tactics to try and have a sexual relationship with her. However in the sonnet the persona has a stronger love for her lover as the poem is more spiritual and her idea of love is on a higher level - she does not refer to the†¦show more content†¦His attitude becomes more intimate as he tells her how he could spend ages on each part of her body. An hundred years should go to praise Thines eyes, and on thy forehead gaze. This evidently would have made his mistress have a different view of him as he is complimenting her. The poet uses numbers in this section as a distraction as he is taking her away from the popular theme of time destroying beauty which is a very different slant to the Carpe Diem theme. These type of poems often begin with a warning that beauty does not last forever e.g. Robert Herricks To the Virgins to make much of time Gather ye rosebuds while ye may, Old time is still a-flying. Marvell however is using Time as a measure for her beauty. The effect is to make his mistress relax. She is being flattered and so will be more willing to listen to what he has to say. Marvell gives a relaxed attitude to this section of the poem by using enjambment. We would sit down, and think which way To walk, and pass our long Loves day. He has a cosy style in the sense of his writing which is calm and steady like the flow of a broad river which