Outline current policies and legislation relating to children and how these affect your practice. free essay sample

Blueprint current arrangements and enactment identifying with youngsters and how these influence your training. 1989 The Children Act States that the Local Authority has ‘a obligation to examine when there is sensible reason to speculate that a kid is su? ering, or is probably going to su? er, signi? cant harm’, area 47 The Welfare of the kid is principal with respect to his/her childhood. Parental rights obligations and commitments are laid out. Arrangements are made in regards to encouraging, selection, kid disapproving and day care. When settling on government assistance choices, the courts are committed to contemplate the Child’s wishes and emotions. Law corrections are made, with respect to Community, Voluntary and Children’s homes and intentional associations. Each TA should know who the shielding official/s are in the school and should realize the suitable approaches to speak with them. There ought to be information on defending arrangements and methodology or if nothing else access to duplicates of the abovementioned. We will compose a custom paper test on Blueprint current approaches and enactment identifying with youngsters and how these influence your training. or on the other hand any comparable subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page On the off chance that there is sensible reason to presume an issue with a kid at school, it is the obligation of a Teaching Assistant to report it to the fitting defending official. 1999 Protection of Children Act Duty of Secretary of State to record names of individuals unsatisfactory for childcare business. All associations must allude to PoCA list while checking forthcoming workers. Made it an offense to utilize anybody on the PoCA list, regardless of whether previously utilized. A Teaching right hand has an obligation to reveal any data with respect to some other representatives or forthcoming workers to bosses. 2003 Hidden Harm Focused on offspring of guardians or gatekeepers with sedate/liquor addictions that cause genuine negative ramifications for themselves and their families. Training Assistants ought to be natural or if nothing else approach clear direction on sedate related occasions. TA’s have an obligation to ensure that they, themselves, are satisfactorily prepared in perceiving signs and potential signs of medication related disregard and general shielding. It is the job of the TA to help with giving a positive school understanding. This, thusly, will outfit the youngster with the flexibility to adapt to antagonistic life conditions. 2003 Every Child Matters Green Paper †distributed with the report into the passing of Victoria Climbe. Concentrate on supporting families and carers. Guarantees that mediations happen before emergency point and furthermore that kids don't fall through the net. Recognizes hidden issues related with the Victoria Climbe report. Guarantees individuals working with kids are esteemed and upheld. â€Å"Every Child Matters recognizes that kids and youngsters can't adapt successfully in the event that they don't have a sense of security, sound or glad, and that learning and prosperity go connected at the hip. † 2007 According to the ECM gauges, each individual from help staff ought to be prepared and bolstered, used and urged to be fruitful in their work. Subsequently, TA’s ought to have an effective enlistment, nonstop expert turn of events, normal examinations and have the option to look for on-going help. TA’s tend to work intimately with youngsters in a gathering or 1:1 limit. This is probably going to furnish a closer working relationship with the youngsters, permitting perceptions of conduct in class and a more noteworthy information on foundation, culture and family life. It is likewise the TA’s obligation to realize the referral procedure as indicated by the School’s Safeguarding Policy, if there is a doubt of a defending issue. 2004 The Children Act Nominated Children’s Commissioner. Requests an arrangement of administrations in regards to private encouraging, Child disapproving/day care. Refreshed discipline enactment: Offense to hit a Child in the event that it causes mental damage or leaves an imprint on the skin. Withdraws area in 1989 Children Act in regards to sensible reprimand. Explicit arrangement for handicapped youngsters. Features the requirement for help staff to prepare with respect to the recognizable proof of potential indications of misuse. It is additionally important to be able to know when a given record of how a physical issue was supported doesn't count with the real injury. There is additionally a job for help staff to help with instructing understudies to ensure themselves, in a specific way, against misuse or harassing. Cooperating to Safeguard Children 2006 Agencies and associations should cooperate, sharing data so as to offer powerful types of assistance to youngsters, grown-ups and their Carers. The above offices and associations have an obligation of care and duty regarding defending and advancing the government assistance of youngsters. TA’s ought to know about expected signs of misuse. (Expressed under ‘Protection’) Be watchful with respect to the dangers that abusers or potential abusers cause to youngsters. Offer any data that might be valuable in evaluations made with respect to the child’s needs and conditions. Whenever asked, it is valuable for the TA to normally participate in audits and the creation of explicit plans. On the off chance that it is conceivable to work with the child’s guardians, there is a requirement for good relational abilities, utilizing fair language and lack of bias. Talk about the means you would take in the event that you had worries for the security and prosperity of a kid. When managing suspected physical, sexual, psychological mistreatment or disregard it is significant for each staff part, including bolster staff, to know about how to deal with the underlying contact with the kid, in the event that there is any, and afterward the suitable revealing technique. All schools will have a Safeguarding Policy that ought to be made effectively accessible for each individual from staff. As indicated by the approach utilized for this activity, there are five simple strides to recall. Get If a kid needs to talk it is important for he/she to have my prompt consideration. On the off chance that this open door isn't taken the kid may alter their perspective. I would need to listen eagerly and discreetly, with solace and compassion, permitting quiets where important. It is significant that I show no forswearing, stun or doubt and that the youngster feels as meager obligation as could reasonably be expected. Tragically, kids that experience misuse frequently grow up feeling mindful and censuring themselves for the maltreatment (2009) More significantly, I would need to pay attention to this issue, regardless of whether I have no confirmation of legitimacy. Console It is essential that I ought to keep quiet and formed and that I stay impartial, making no decisions however giving some sympathy. It is significant that I don't make any guarantees of mystery to the kid, yet consolation that solitary those that need to realize will be advised should be given. It is significant that the kid realizes that they have settled on the correct choice in letting you know. Respond It is significant for me to abstain from overcompensation. I am attempting to build up whether this is an issue that should be alluded or not. Overcompensation may cause the kid trouble. Basically, I ought to abstain from posing driving inquiries, and keep them open. Likewise, I ought to abstain from posing such a large number of inquiries as this would be understood as cross examination, and it isn't up to me to direct a cross examination. I am required to stay impartial and avoid scrutinizing the conceivable abuser as the kid without a doubt holds warmth for them. Now I should attempt to disclose what I amâ going to do straightaway. Record If attainable, I would need to set up and account the time, date and a concise record of the conversation, ensuring that it isn't my translation however an exact record of what the youngster communicated to me. Likewise, it is important to archive any perceptible non-verbal conduct. The Safeguarding strategy held by the school will guide me to authentic structures that should be filled in, in this way, at this stage, I would fill in a report structure. Report Inform the assigned educator/protecting official at the earliest opportunity. There might not have been an underlying contact with the youngster and it might be that there is to a greater extent a doubt of misuse or disregard. For this situation, there would be a requirement for prudent, inconspicuous inquiries. The TA needs to perceive on the off chance that a youngster wouldn't like to talk, at that point the issue must not be sought after. On the other hand, it might be helpful to talk about the circumstance with the assigned educator/shielding official before making an official referral. Assess the impacts of local maltreatment on youngsters. What effect could this have on youngsters inside the school setting? As per domesticviolence. organization, aggressive behavior at home or misuse is characterized as the utilization of practices by one individual in a relationship with the sole reason for controlling the other. Accomplices don't need to be hitched for residential maltreatment to happen. Division of Health in 2002, states that; At least 750,000 youngsters a year witness abusive behavior at home. About 75% of youngsters on the in danger register live in family units where aggressive behavior at home happens Cited by Women’s Aid, 2014. DoH additionally accepts that to observe local maltreatment is psychological mistreatment in itself. This may perhaps be through the observer of a physical issue to a grown-up or sexual maltreatment of a grown-up or in any event, being trapped in a fierce question between two grown-ups themselves. Straight to the point, Putnam and Teicher, 1994, found that incessantly elevated levels of adrenalin can murder neurons in the cerebrum regions critical for deduction and memory. In the case of a kid seeing household misuse, the degrees of adrenalin would be sufficiently high to capture the development of the left half of the globe of the mind and accordingly hampering the improvement of language and rationale. There would likewise be an expansion in the body’s antibodies which would fundamentally debilitate the invulnerable framework. Kids may react to the seeing of household misuse very diff

Does consuming Vitamin C reduce the risk of having a cold Research Paper

Does expending Vitamin C diminish the danger of having a cold - Research Paper Example We call it contamination. A tainted individual is the one whose body has been infiltrated with organisms, for example, Viruses, Bacteria or Fungi. As the organisms keep on developing in the body, the ailment gets extreme until the individual contaminated is executed. Viral contamination happens when minuscule sickness causing particles, called an infection, enter the body and start duplicating. In excess of 400 distinctive infections are known to cause contaminations in people. (Characteristic Standard Research Collaboration, 2011)[1] Most ordinarily known infections that cause maladies are regular cold, Hepatitis A, Hepatitis B, HIV, (influenza). How are we shielded from sicknesses? To shield from assaults and harm from organisms, God has made individuals with numerous cautious procedures. The principal obstruction against the organisms is human skin. Except if the skin is cut, and blood comes out, organisms can't enter the body. Second security is white platelets which are there in the body to guard us. White platelets eat microorganisms and furthermore chase them down before they can blend in the red platelet. White platelets additionally produce antibodies. Antibodies are characteristic destroyer of microorganisms. The antibodies are created consequently when a microorganism enters the human body. For each and every sort of organism, another kind of antibodies is made. The third thing that shields microorganisms from entering our body is hairs in our nose. They get organisms which are in air or air. The fourth thing that ensures organisms is bodily fluid, a clingy substance that lines nose and windpipe and furthermore washes microorganisms from the eyes in tears. Regardless of the looks into and endeavors by person, the microorganisms continue entering the human body continually and make individuals sick. The individuals who are tainted when don't take important medication on time let the organisms develop to the degree that can kill them. All in all popula r disease cause fever and the body awkward which in like manner terms we call â€Å"sick† or â€Å"ill†. Anyway the sign and side effects rely on the seriousness of disease and the sort of infection which tainted the body. The best way to fix viral contaminations is to make the body produce counter acting agent which can decimate the viral organisms. The anti-microbials made by researcher just fix organisms of type â€Å"bacteria†. Nonetheless, microorganisms of type â€Å"virus† don't annihilate by anti-microbials. Researchers have discovered another approach to fix infection microorganisms. This new procedure is called â€Å"immunization†. A body is vaccinated when a â€Å"vaccine† is infused in to the circulatory system. This immunization contains the organisms that cause the ailment. The organisms in antibody are somewhat adjusted. They are either dead or debilitated or some bit of it is utilized. After the infusion white platelets make antibodies against the organisms that were infused by the immunization. Subsequently we state that our body is currently inoculated from a specific viral ailment. Whenever in future, when a microorganism of this sort enters the body, it is promptly perceived and the military of antibodies comes without hesitation by assaulting, chasing and decimating it keeping the body from the viral ailment. What is cold? Cold is a viral malady. At the point when an individual is contaminated by cool infection, his throat takes off. As the infection develops in the body, the eyes, nose and ears all begin to torment. It might raise temperature and cause fever. The impact of cold and influenza infection on an individual body relies upon the military of antibodies the body groups. Bigger armed force of antibodies

How to write a bibliography

How to write a bibliography How to write a bibliography Whether you are tackling formal essay writing or writing an undergraduate or master's dissertation, many students find it daunting the first time they are required to write a bibliography at the end of a piece of work. Fear not â€" not only is it much less complicated and scary than you might think, but we have compiled a list of the most important basic pointers on how to write a bibliography. Read on to get on your way to the best dissertation bibliography… What is a bibliography? A bibliography is more simple than it sounds. It is a list, usually at the end of an undergraduate or master's dissertation, of all the sources you have used to help you write the essay. This includes both the sources you may have referred to or quoted already in the essay and also any further works you read whilst preparing or researching the essay, even if you didn’t specifically cite them. How to write a bibliography Using a separate line for each new text listed, simply write out the details of each of your texts in the following order: Author (surname, initials), year of publication, title of book (in italics or underlined), edition (if there have been more than one), publisher, place of publication. For example: Jones, AK, 2004, The Artists of Antiquity, 2nd edition, Virago, London Writing a bibliography: primary and secondary sources If you are writing a dissertation on a particular author or poet, you may want (or be required) to divide your bibliography into primary and secondary sources. In this case, works by the author himself that have formed the basis of the texts you have studied are primary sources, whilst critical reference books or other material are secondary sources. For example, in a dissertation on Austen, Pride and Prejudice would be a primary source, whilst Austen’s narrative voice: A companion would be a secondary source. Bibliography styles: Harvard and others There are several different accepted styles of bibliography, which have slight variations on the information included and the order in which it is presented. The method described above is a standard, widely accepted format, but when you are writing a bibliography make sure you check exactly what stylistic requirements are stipulated by the University or course provider. Remember, one of the most important tips on how to write a bibliography is to remain consistent â€" whatever method you choose, stick to it throughout and keep the style the same for every reference. You may also like... Top 10 tips for writing a dissertation methodology Advice for successfully writing a dissertation How to do your dissertation secondary research in 4 steps best dissertationbibliographydissertation helpdissertation referencing tipsessay referencingmasters dissertationsreferencing

Public Budgeting And Financial Management Final Exam

Public Budgeting and Financial Management Final Exam This course is very crucial because I learned how to prepare a budget using Excel. I did not know that with Excel I could do everything related to budgeting and transfer it to Microsoft Word. Several factors that could potentially influence predicted revenues include: unemployment, economic recession, political instability. When a country is hit by economic recession, this affects the revenue projections and collections. For instance, many people lose their jobs and less income taxes are collected because people are unemployed. This also spills over to sales tax, when people are unemployed or lost their job, this reduces their buying power. Again, less property taxes will be collected because less people can afford to buy things like cars or build houses. Furthermore, political instability affects the collection of revenue because investors want to invest where there is stability. Political instability scares investors and the country, state or city loses money, such as property taxes, income taxes, sales taxes, and user fees when investors pull out of such places. Unemployment is another factor the influences predicted revenues when less people are employed in the city will collect less taxes. Playing the role of the budget agency head/director is not an easy task. Budgeting process involves a variety of actors whom their individual demands must be considered in the when making a budget request. Sometimes these actorsShow MoreRelatedChartered Accountant1097 Words   |  5 Pagesthe subjects of Accountancy, Auditing, Business Management, Information Technology, Taxation, Corporate and Commercial Law, Financial Management, Economics and other linked subjects. 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I Have Never Let Schooling Interfere With My Education

â€Å"I have never let schooling interfere with my education,† by Mark Twain. Mark Twain is differentiating between education one gets at school and education one gets from real life experiences. There are high chances that experience that a person gets from real world cannot get in school or college. A person cannot live his or her entire life with only knowing information or facts learned from school or college. A person also needs talent, skills, and real world experience to live. College is one of the good ways to get education and become successful in life, but I will not say that it is the only way because a person cannot go to college and achieve success too. There are reasons why one should not go to college, as college is very expensive, college wastes time and money, and college do not guarantee a job. Today, college is much more expensive than it was when my grandfather and my father went to the college. It is really hard for average income earning parents to send their children to a college, than think how hard it would be for below average parents to send their child to the college. It would be nearly impossible for them. There would be two choices for the child either start working, or take loans and go to college. Smith said, â€Å"Worthless degree. Will not repay my student loan debt† (29). Students who goes to college because his or her parents wants them to, than they will end up with a degree which will not give them a job because they were forced to go toShow MoreRelatedThe Truth About Education Is Mandatory For All Children851 Words   |  4 PagesThe Truth about Education Education is mandatory for all children. Every child is expected to go to school seven hours five days a week, and then to spend another three to four hours on homework daily. 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Importance of Computer Network Service Levels Free Essays

This paper explains the importance of the different service levels of computer networking such as availability, reliability, response time and throughput. It aims to literate the people managing the network to be aware of these different key areas so that they may always be reminded of their duties and responsibilities in securing the network. Network Computers Networked computers have been a part of every business both big and small. We will write a custom essay sample on Importance of Computer Network Service Levels or any similar topic only for you Order Now People invest their time, effort and money to make sure that communication and information is always available. Information Technology as a part of any organization is crucial to a business success making it one of the most budgeted departments of the organization. People who takes care of the network should know the importance of service to customers and co-employees regarding availability, reliability, response time and throughput. Availability Technology is made to serve the people in the shortest time possible. The network group should always make sure that the network, workstations and other technological resources that is operational through networks are all stable and in perfect condition. Monitoring should always be a part of the network group’s daily routine to ensure that all devices are working properly to avoid any downtime. Risk management should always be implemented and observed at all time. The group should be knowledgeable enough to sustain the network in all possible circumstances and emergencies like earthquake, sudden power failure and more. The IT group with the help of the management and customers should also have an understanding in the implementation of availabilities of the business network and other resources through proper endorsements and reporting to make sure that communications and transactions will not be hampered. Reliability The information and data gathered from computers and other resources are one of the most important tools for decision making in any business or organization thus making it one of the most sensitive to monitor as well. It is important that customers and employees trust the accuracy of the software or machines that they use. The network group’s job is to make sure that all data and information are well transferred to customers and employees everyday. LAN testing should always be a part of their daily routine to test the reliability of their network. Response Time Fast and accurate information and output is so important in this fast world. That is why the word downtime must not be in an IT group’s dictionary. Network performance must always be in its best. This can be assured through testing the network every now and then. The network group should also be knowledgeable enough to design the kind of network topology and know the tools that can be used in different kinds of work environment to ensure fast performance, resilience, scalability and flexibility of the network. Throughput Networking is at its best when they do their work as what they are expected. Processing speed is measured by users every time they work and throughput can be a kind of measurement to see if their device is doing its work well. For example, if a printer is expected to print 100 papers per hour but it seems that it’s only printing 65 papers, the time wasted in printing or downtime is a big factor for the performance of the users that may bring bad effect to their transaction as they go on. Network groups must not see this as a small problem because it may someday be an alerting one. They must have the time to check even the smallest details if they want to avoid larger problems that may come in the way. Conclusion Computer networking is one of the most challenging task that an IT or network group may have. It is the veins of success to any transaction. If the group who are responsible in making, designing and implementing networks are all knowledgeable and capable of maintaining and securing a network, then progress and good working environment will be at hand. It is best that the network group is knowledgeable in their field. However, all of the hard works of the IT group will not be successful if they do not have the support of their co-workers and the top management. Reference 1.) http://www.ictglobal.com/ICT009/imp_networks.html How to cite Importance of Computer Network Service Levels, Essay examples

Akitek vs Mid Valley City free essay sample

Most construction companies have a general place of business; however, the construction company often performs multiple projects at different sites. The production responsibilities of the construction sector are typically covered in contracts with the owners of construction projects (prime contracts) or contracts with other construction establishments (subcontracts). (The Mirkhan Law Firm, 2013) The construction contract serves as an agreement between the two parties involved in a construction project, and both parties to the contract are obligated to perform their end of the contract. It is almost a given that some form of a dispute will develop on every construction jobsite. It might be between the owner and the general contractor (GC), between the GC and a subcontractor, between a subcontractor and another subcontractor, between a subcontractor and a sub-sub contractor, between the GC, Sub, Sub-Sub and their material supplier, between the owner or GC and the Architect or Designer, and the list goes on and on (SERVICES) The construction dispute in this case was about breach of contract between client and consultant/architect ( Akitek Tenggara Sdn Bhd vs Mid Valley City Sdn Bhd). We will write a custom essay sample on Akitek vs Mid Valley City or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page There were a few definition of breach of contract: Breach of contract happens where there is an actual failure by a party to the contract to perform his obligations under the contract or an indication of his intention not to do so. (Oxford University Press, 2009) A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. (IBS, 2013) Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance. If the party does not fulfill his contractual promise, or has given information to the 2 other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. SHUTTIE, 2010) The aimed of this study was to expose engineers about one of disputes that occurred in construction project. If the dispute cannot be resolved through negotiation and compromise, it will become necessary for an impartial third party to resolve the disagreement. (Bruce M. Jervis, 1988). It is begun when Akitek Tenggara was appointed by the developer for a proposed comprehensive development of five lots of land at Jalan Penghulu Mat, Kampung Haji Abdullah Hukum, in Kuala Lumpur. . 0 NAME AND BACKGROUND OF DISPUTE PARTIES 2. 1 The Plaintiff (Akitek Tenggara Sdn Bhd) 2. 1. 1 History The firm started in 1976 when it was initially concerned with low-income mass housing. It has since completed commercial, recreational, tourism, urban planning and institutional projects. In 1989, Akitek Tenggara II was formed to take in new and younger partners from diverse backgrounds, enabling the set-up to renew itself through the input of fresh talents. 2. 1. Scope of Works The practice engages in city planning, project feasibility studies, research, interior design and architectural works; in particular, educational buildings, health-care facilities, recreational and residential developments 2. 2 The Defendant (Mid Valley City Sdn Bhd) Pioneer property developer, IGB Corporation Berha d has set the industry standard where many continue to follow. As the developer of the countrys many ‘first’ residential and hospitality developments, the Group has created a niche for itself as an asset builder focused on harnessing recurring income from its property investment and hospitality businesses. Defying convention the firm’s management evolved to adapt to the industry’s most fundamental and challenging axiom: that real estate is by nature a local business. 3 Even as the firm crossed continents and cultures, high standards of quality, taste and execution remained steadfastly at its core. Mid Valley City, the Group’s maiden and largest 50-acre project on the fringes of Kuala Lumpur is today the countrys largest shopping mall and a major landmark in the Klang Valley. Attention to detail, efficiency, economy and engineering innovations are among the hallmarks of all IGB projects. The group currently commands over 6023 keys with its acquired hotels and continues to serve its investors and 1070 tenants with a total disposal of 4. 189 mil sqft in building space, with exceptional personnel and state of the art technology. The firms unique talent in value engineering allows its partners to achieve their development goals on or below budget. IGB Corporation Berhad invests in and manages a diverse portfolio of long term commercial, retail, residential and hospitality assets in Asia, Australia, the United States and Europe. In addition to its core property investment portfolio, the Group actively manages a portfolio of non property related investments mainly consist of civil, building construction, investment holding and project management services. Core to the Group’s successful investment is a hands on approach and strong attention to detail in managing assets and ensuring optimal returns. It also prides itself on its continued local community support and involvement. 3. 0 NATURE OF DISPUTE AND NARRATIVE OF THECASE 3. 1 Nature of Disputes Termination of plaintiff’s appointment a) By a letter dated 1 November 1988, the defendant purported to discharge the plaintiff as the architect for the said project for the reasons that IGB Corp Bhd (‘IGB’) was as at the date thereof the majority shareholders of the defendant and intended to utilize the services of architects presently retained by IGB Corp Bhd for the said project. ) By a letter dated 26 January 1989, the first defendant wrote to the plaintiff stating that the plaintiff’s services as the architect for the said project had been ‘unequivocally and irrevocably terminated’ as the said project had been aborted. 4 3. 2 Narrative of the Case 3. 2. 1 Facts The first defendant was at all material times, the registered proprietor and beneficial owner of all the pieces of land held under GM 755 Lot 19, GM 776 Lots 23 and 25, GM 872 Lot 34, GM 753 Lot 21, all in Section 95A Town of Kuala Lumpur (‘the said lands’). In 1982, the plaintiff was appointed by one Lim Pak Tow Sons Realty Sdn Bhd (‘Lim’) to make a submission on its behalf regarding Lots 19 and 21, by submitting plans for the commercial development of the said lots. By a letter dated 8 November 1982 to Lim, the plaintiff set out the terms of his appointment as an architect for the submission of plans for the change of land use and for the increase in density of Lot 19. The terms were as follows: a) On submission to Planning Department for change of use and increase in density, the plaintiff would be paid a lump sum fee of RM20,000; and b) Should the project proceed further requiring the full professional services of the plaintiff, the lump sum fee of RM20,000 would be deemed to be part payment towards the plaintiff’s fees of 5% of the total construction costs. The said Lim then engaged the plaintiff to prepare a comprehensive development plan of a township encompassing the said lands and the surrounding lands which belonged to the state. By its letter dated 28 September 1983, the plaintiff submitted the layout plans to the City Hall. 3. 2. 2 The Project On 1 March 1984, a joint venture agreement (‘the JVA’) was entered into between the Mayor Kuala Lumpur and the defendant to develop the said lands into a township which then became known as Bandar Syed Putra project (‘the project’). After the JVA was signed, the Gazette Notification and the compulsory acquisition of Lots 19 and 21 were revoked. By a letter dated 6 October 1983, the plaintiff then informed Lim that the 5 architect’s fee for the said project was, inter alia, 5% of the total building costs. . 2. 3 Terms of the Plaintiff’s Appointment By a letter dated 6 April 1984 from the plaintiff to the defendant, the plaintiff set out the terms of its appointment as the architect for the said project. The plaintiff’s fees agreed upon were as follows: a) 4% of the total building cost for the first blocks; b) 2% of the tot al building cost for the subsequent repetitive blocks; c) 1% of the total infrastructure costs; d) RM300 per unit for the medium low and low cost residential units for the City Hall; and e) RM600 per unit for the medium cost flats for the City Hall. By a letter dated 14 June 1984, the defendant confirmed its acceptance of the appointment and professional fees of the plaintiff as the architect for the said project with the proviso that in the event changes or improvements were required in the subsequent repetitive lots, the fees for the repetitive lots would remain at 2% of the building costs. The defendant further confirmed the terms of appointment of the plaintiff by signing the letter dated 6 April 1984 from the plaintiff. 3. 2. The Plaintiff’s Case The plaintiff’s claim against the defendant is for professional fees and for damages for wrongful termination of the plaintiff’s services as an architect, in breach of a contract or agreement between them. The plaintiff’s claim in summary is either: a) For damages for wrongful termination in the sum of RM7,705,382 or alternatively; b) A sum of RM2,006,373 on the basis of quantum meruit as at the date of termination The plaintiff contended that it was eng aged as an architect by the defendant pursuant to two letters of appointment, namely: a) Letter dated 8 November 1982; and 6 ) Letter dated 6 April 1984 and affirmed by the defendant’s letter dated 14 June 1984. The plaintiff argued that its services cannot be terminated unless there is a breach of the express or implied terms of the agreement and for just cause. The agreement cannot be terminated for any other reason and if terminated, the party exercising its right to terminate the agreement will do so in breach thereof and will be liable to pay damages. 3. 2. 5 Case for Defendant The defendant pleaded that its right to terminate the services/contract of the plaintiff was implied by law. It also argued that from the letter of appointment dated 6 April 1984, it was implied that the plaintiff’s services may be terminated if the project was aborted, abandoned or delayed. The defendant denied that the plaintiff’s termination was wrongful or unlawful and the defendant further denied that it was in breach of the said contract. It also pointed out that from a decision of the then Supreme Court in Civil Appeal No 02-124-1990, it was implied that the plaintiff’s services were terminable and that the termination thereof was correctly made and that the issue of the said termination was res judicata. It was also the case of the defendant that it was not in breach of contract for the reason that the said project was delayed indefinitely, abandoned or aborted and accordingly the defendant was not liable in damages. Finally, the defendant pleaded that the plaintiff’s claim was statute barred by limitation pursuant to s 6 of the Limitation Act 1953. The defendant thus counterclaimed for a sum of RM131,636. 31 which the defendant claimed it had overpaid 3. 2. 6 The Claim The plaintiff therefore claimed: 7 ) The sum of RM7,705,382 for wrongful termination of the plaintiff’s architectural services in breach of the contract of employment between the plaintiff and the defendant; b) The sum of RM7,705,382 for wrongful termination of the plaintiff’s architectural services in breach of the contract of employment between the plaintiff and the defendant; c) Interest on the judgment sum at the rate of 8% per annum from the date of unlawful termination, 1 November 1988 to th e date of realization; d) Costs; and e) Such further and other relief as this court may deem fit and proper. 3. 2. Finding of the Courts It is clear to me that the employment of the plaintiff as architect for the said project and its professional fees is based on the agreement reached between the parties as contained in the plaintiff’s letter dated 6 April 1984 and confirmed by the defendant by its letter dated 14 June 1984. It is also clear that there is no express stipulation as to the defendant’s right to terminate the plaintiff’s services. Can the defendant therefore terminate the plaintiff’s services for the reasons advanced, namely: a) that IGB wanted to retain its own architects and/or; b) that the project had been aborted? What is important to note however is that the letter of termination of the plaintiff’s services is premised solely on the ground that IGB was at the date thereof the majority shareholder of the defendant and hence intended to utilize the architects on the panel of IGB for the said project. I have been shown no evidence that the project has been abandoned. I also note that there has been no complaint by the defendant in respect of the services rendered by the plaintiff. I reject the defendant’s reason that IGB being the majority shareholder, intended to use its own architects, on the basis that this was never envisaged or agreed to by the parties when the terms were agreed upon. 8 In any case under cross-examination, DW2 clearly admitted that the JVA was not terminated but was varied. He also conceded that it was incorrect to say that the plaintiff’s services were terminated because the project was abandoned. He also confirmed that the JVA between the defendant and Kuala Lumpur City Hall was still ongoing. It is interesting to observe that after the plaintiff was discharged as the architect of the said project, the defendant contended that new amended layout plans and amended building plans were submitted. However, DW2 did not produce any of the alleged new amended layout plans and amended building plans or even a fresh JVA between the defendant, IGB and City Hall. There was not even produced to the court, a new development order. I therefore find that as admitted by DW2, the defendant is still continuing with development of the said project under the existing JVA. Even if the concept of the project had been varied (which I find is not the case), the project nevertheless remains the same and is still ongoing. It is clear to me that the defendant has been laboring under an erroneous misconception that an alteration or variation of the concept of the development is synonymous with the project being abandoned. In any case, DW2 had admitted that the plaintiff’s services were terminated not because the project was aborted, but because IGB wanted to use their own architects. He, who asserts, proves. The defendant has in my judgment failed to discharge the burden of proving that the project had been abandoned or aborted. The term relating to this aspect merely states that if this happens, the fees computed to the nearest stage of work is payable. In the circumstances, it is my finding that the termination of the plaintiff by the defendant was indeed unlawful as the plaintiff was not in breach of any of the terms of the contract. Accordingly, I find that the defendant is in breach of the contract and the plaintiff is entitled to compensation for loss or damage against the defendant pursuant to s 74 of the Contracts Act 1950. 4. 0 JUDICIAL PRECEDENT AND LEGAL ISSUES DISCUSSED BY THE COURT 4. 1 Cases a) Edwin Hill Partners v Leakcliff Properties Ltd (1984) 272 EG 63 the court held that the absence of a contractual right to terminate the engagement prior to completion of the services or the project means that the contract is in the nature of an entire contract. The court also reject ed the defendant’s argument that the right to terminate was to be implied. Such an argument failed because the parties had expressly dealt with what was to happen if the defendant was unable to proceed and had not made any arrangements for any other termination. In the light of these cases, is the plaintiff entitled to compensation and damages for work done to date of termination and the loss of net profits on the abandoned work or uncompleted services lost by reason of the aforesaid breach after deducting therefrom the cost to the plaintiff for providing the uncompleted services for the abandoned works or as pleaded in the alternative is the plaintiff entitled to treat the contract as at an end and sue upon a quantum meruit basis only? They find that on the basis of Edwin Hill, when a contract of employment between the owner and the architect has been partly performed and there is a refusal or failure of the building owner to complete the project amounting to repudiation on his part, the architect can, on general principle, sue for all sums due at the time. Alternatively, the plaintiff may treat the contract as at an end and is entitled to the damages based on the principle of quantum meruit (see Hudson’s Building Engineering Contract (11th Ed) Vol 1 para 2. 260 page 390). However, the question remains whether the plaintiff is entitled to sue on the ‘entire contract’ or on ‘quantum meruit’. They had earlier held that neither has the project been aborted, abandoned nor delayed indefinitely. This is based on the admission of DW2 himself. The provision relating to payment of compensation where 10 there is abortion, or abandonment of work or indefinite delay stipulates that upon such occurrence, then the fees computed to the nearest stage of work is payable. It is for the defendant to bring its case within this provision if it wishes to submit that the plaintiff is entitled only to a quantum meruit basis. But as I have held, since I have found that the project as envisaged in the earlier JVA is still subsisting, the defendant has failed to prove entitlement only under a quantum meruit basis. This is a clear case of wanton cancellation of the contract by the defendant purely on the basis that it wished to utilize its own architects. I therefore hold that the plaintiff is entitled to sue for all sums due at the time of the breach and for the loss of profits on the work lost by reason of the breach. They also find that the plaintiff’s evidence in respect of particulars of loss and damage suffered by it as a result of its unlawful termination by the defendant in breach of the contract has not been seriously challenged in cross-examination by the defendant. The defendant solely relied on the evidence of DW2, one Sze To, and their architect. This was an appeal by Edwin Hill Partners from the dismissal by Rose J of their claim as plaintiff for damages against First National Finance Corporation ple, defendants and present respondents, for procuring a breach of contract between the appellants and Leakcliff PropertiesLtd in relation to architectural services for the development of Wellington House in Waterloo Road, London SEI. Watt, 1998, Volume 2) b) Thomas v Hammersmith Borough Council [1938] 3 All ER 203 The Court of Appeal held that unless there is an agreement to the contrary, an appointment in explicit and unqualified terms for a particular project cannot be determined until the purpose for the appointment has been achieved. However, in the event of lear agreement as to the purpose of the appointment, any termination of the employment before the purpose of the appointment has been achieved, would amount to a breach of contract. 11 c) Sivalingam Periasamy v Periasamy [1995] 3 MLJ 395 The Court of Appeal commented on the need to put one’s case to the other side in cross-examination. The detail of loss and damage suffered by the plaintiff is set out in agreed Bundle E. 4. 2 Legislations a) Contracts Act 1950: s. 74 74. Compensation for loss or damage caused by breach of contract (1) When a contract has been broken, the party who suffers by the breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from the breach, or which the parties knew, when they made the contract to be likely to result from the breach of it. (2) Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract (3) When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default as if the person had contracted to discharge it and had broken his contract. b) Limitation Act 1953: s. 6 Actions of contract and tort and certain other actions, shall not be brought after the expiration of six years from the date on which the cause of action accrued. This includes actions founded on contract or on tort, actions to enforce a recognizance, actions to enforce an award and actions to recover any sum by virtue of any written law other than a penalty or forfeiture or of a sum by way of penalty or forfeiture. 12 An action upon a judgment shall not be brought after the expiration of twelve years from the date on which the judgment became enforceable and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest is due. 5. 0 COMMENTARY AND CONCLUSION 5. Commentary There are four types of contract breaches recognized by the law today: a) Minor breach b) Material breach c) Fundamental breach d) Anticipatory breach. This case can be classified under an anticipatory breach of a contract which is when the non-breaching party (Akitek Tenggara) realizes that the other party (Mid Valley City) of the contract will fail to perform his or her part of the contract in the future and can terminate the contract and sue for damages before the breach happens. In the majority of cases involving the breach of a contract, the damages awarded to the non-breaching party is typically in the form of money. In some instances, a judge can award an injunction or specific performance when monetary compensation for a breach of contract does not settle the breach effectively. (NOLO, 2013) Hochster v De La Tour is an example(is a landmark English contract law case on anticipatory breach of contract. It held that if a contract is repudiated before the date of performance, damages may be claimed immediately; In April, De La Tour agreed to employ Hochster as his courier for three months from 1 June 1852, to go on a trip around the European continent. On 11 May, De La Tour wrote to say that Hochster was no longer needed. On 22 May, Hochster sued. De La Tour argued that Hochster was still under an obligation to stay ready and willing to perform till the day when performance was due, and therefore could commence no action before. 13 â€Å" If a man contracts to execute a lease on and from a future day for a certain term, and, before that day, executes a lease to another for the same term, he may be immediately sued for breaking the contract† (Ford v Tiley) (Wikipedia, 2012) There are different types of damages that may apply under a breach of a construction contract. When one of the parties has breached the contract, then the party that has held up to their end of the contract may be entitled to various legal remedies. These may include consequential damages, liquidated damages, nominal damages and damages for specific performance. 5. 2 Conclusion After waiting 19 years, an architect firm will finally receive RM7. 7mil in damages for wrongful termination of its services as the architect for the developer of one of the country’s biggest shopping malls. Federal Court Justices Abdul Hamid Mohamad, Abdul Aziz Mohamad and S. Augustine Paul unanimously allowed Akitek Tenggara Sdn Bhd’s appeal against developer Mid Valley City Sdn Bhd. Akitek Tenggara was appointed by the developer for a proposed comprehensive development of five lots of land at Jalan Penghulu Mat, Kampung Haji Abdullah Hukum, in Kuala Lumpur. It claimed that the termination of its services via a letter dated Nov 11, 1988, was unlawful as it was not in breach of an express or implied term of an agreement with the developer. Akitek Tengarra claimed professional fees and damages for wrongful termination of its services as an architect, in breach of a contract or agreement between them. On May 11, 1999, the Kuala Lumpur High Court awarded the firm RM7. 7mil in damages saying Akitek Tenggara was entitled to compensation and damages for work done to date of termination and the loss of net profits on the abandoned work or uncompleted services lost by reason of the breach. Unhappy, Mid Valley City appealed and in 2005, the Court of Appeal overturned the RM7. 7mil award of damages for breach of contract but allowed the RM2mil claim for work done up to the date of termination. In his judgment, Justice Abdul Aziz Mohamad said there was no provision that gave LAM the competency to 14 ecide the lawfulness or otherwise of the termination of the services or engagement of an architect by his client, which was a question that would arise only in a contractual dispute. Justice Paul, in his judgment also agreed that LAM’s decision was of no effect as it was not competent to decide on the lawfulness or otherwise of the termination of an architect by his client. He said the M id Valley City’s intention to terminate the services of the architect as the new majority shareholders wanted to use the services of their own architect with a new development plan was brought by the act of developer itself.