Matson Evaluation of Social Skills with Youngsters-II

Matson Evaluation of Social Skills with Youngsters-II The Matson Evaluation of Social Skills with Youngsters-II (MESSY-II) and Its Adaptation for Iranian Children and Adolescents with Intellectual Disability Bakhtiyar Karami, Mojtaba Gashool, Shoaib Ghasemi, Hamid Alizadeh Abstract The aim of the present study was to evaluate the psychometric properties and factor structure of the Matson Evaluation of Social Skills with Youngsters-II (MESSY-II)in a community population in Iran. The Iranian version of the MESSY-II was administered by interviewing care staff of all children and adolescents (n = 355) with administratively defined intellectual disabilities (IDs) living in Tehran,Esfahan, Karaj Kordistan. Confirmatory factor analysis supported the unidimensionality of the subscales as well as the proposed two factor structure of the original MESSY-II. The present study demonstrates that the three subscales are highly similar constructs across different language and cultural settings, and that the MESSY-II is applicable in research on populations with varying mental functioning, diagnoses, ages, and living arrangements. Keywords: Social skills, Assessment, MESSY, Rating scale, Factor structure Introduction The development of social skills is an important process in young childhood and adolescence. Deficits present in childhood that are left undetected and/or untreated can lead to increased problems into adulthood (Greene et al., 1999). In addition, impairments in social skills may be related to larger problems such as developmental disability, attention deficit/ hyperactivity disorder (ADHD), depression, anxiety, antisocial behavior, and other mental health problems (Davis et al., 2011; Lugnegard, Hallenback, Gillberg, 2011; Mahan Matson, 2011; Matson Wilkins, 2009; Worley Matson, 2011). Social skills deficits may occur as a result of these disorders or as part of the disorders themselves. As a result, identification of social weaknesses is essential for providing treatment and improving prognosis and quality of life. Identifying social strengths is also important for treatment and can guide clinicians to use assets that the child already possesses to help improve the areas of defi cit. The assessment and training of social and adaptive skills is important for a number of reasons. First, social and adaptive skills deficits can compromise successful transition from institutional to community living (Jacobson Schwartz, 1991; Doll, 1953). Second, deficits in these areas may contribute to the etiology of psychiatric disorders and behavioral problems (Borthwick-Duffy Eyman, 1990; Matson Sevin, 1994). Finally, social and adaptive deficits often persist in living areas where the philosophy of care consists of passive learning rather than active treatment (Matson Hammer, 1996). The MESSY (Matson, 1988) was developed in 1983 for assessing the social skill deficits of children aged 4 to 18. The original normative sample at the time was based on 744 typically developing children in Northern Illinois (Matson, Rotatori, Helsel, 1983). The initial items included in the measure were based on a review of standardized measures, including items that addressed social behaviors. Two independent raters then selected the items believed to fit the definition of social skills. These 92 items were then administered to 422 children (self-report form) and 322 teachers (teacher-report form) twice, at a 2-week interval. Test-retest reliability was conducted and items with Pearson’s correlations greater than .50 and .55 for the self- and teacher-report versions, respectively, were retained. The results yielded 62 items for the self-report form and 64 items for the teacher-report form. Original tests of reliability and validity indicated strong internal consistency and test-retest reliability andadequat convergent validity (Matson et al., 1983). The MESSY has been translated into nine other languages and researched internationally: Spanish (Mendez, Hildalgo, Ingles, 2002), Chinese (Chou, 1997), Japanese (Matson Ollendick, 1988), Dutch (Prins, 1997), Hindi (Sharma, Sigafoos, Carroll, 2000), Hebrew (Pearlman-Avnion Eviator, 2002), French (Vertà ©, Roeyers, Buysse, 2003), Turkish (Bacanli ErdoÄÅ ¸an, 2003), and Slovakian (Vasil’o (Bacanli BaumÄÅ ¸artner, 2004). In addition, the MESSY has been researched with various populations, including children with hearing and visual impairments (Matson, Heinze, Helsel, Kapperman, Rotatori, 1986; Matson, Macklin, Helsel, 1985; Raymond Matson, 1989) , intellectual disabilities (Matson Barrett, 1982), anxiety disorders (Strauss, Lease, Kazdin, Dulcan, Last, 1989), depression (Helsel Matson, 1984), bipolar disorder (Goldstein, Miklowitz, Mullen, 2006), and autism spectrum disorders (Matson, Stabinsky-Compton, Sevin, 1991).2222 However, there is still no agreement about which factorial structure best explains the data because the results of former studies showed a different number of factors and different arrangements of items. Thus, the objectives of the present study are to examine the psychometric properties of the MESSY for the first time in an Iranian sample and to compare the results to foregoing studies with the MESSY in other socio-cultural contexts. 1. Method 1.1. Participants Thirty hundred and fifty five 355 (223 male, 132 female) participants were recruited from undergraduate psychology courses. Their ages ranged from 3 to 26 years, with a mean age of 11.34 years (SD = 3.87). According to clinical practice in Iran, the participants were classified into having a mild (40.8%), moderate (47.0%), severe (11.3%), or profound (0.8%) level of mental retardation. The most frequent diagnoses were Down’s syndrome (53.8%), autism (20.8%), mentally retarded (16.9%), and 8.5% of the individuals were reported to have other disorders. 1.2. Measures Matson Evaluation of Social Skills with Youngsters-II (MESSY-II; Matson et al., 2010). The MESSY-II is a social skills measure for a broad range of children, ages 2–16, based on observations of both appropriate and inappropriate social behaviors. This measure is a renormed version of the original MESSY, which was designed to assess social skills in children ages 4–18 (Matson, Rotatori, et al., 1983). The original scale had two different forms: a self-report form and parent/teacher report form consisting of 62 and 64 items, respectively. At present, the MESSY-II only has one form, which is a parent/caregiver report form. During the renorming process it was decided that social skills would best be examined through parent/caregiver report as opposed to self- report due to difficulties with poor insight in the populations frequently administered the MESSY. Also, since the measure’s  utility has largely been clinic and community focused, there is a decreased need fo r a teacher report form. The MESSY-II has 64 items identical to the original MESSY parent/teacher report form, which are each rated on a Likert-type rating scale from 1 (‘‘not  at all’’) to 5 (‘‘very much’’). Recent studies indicate that the scale has strong psychometric properties including internal consistency, and convergent and divergent validity (Matson et al., 2010). Although the original MESSY parent/teacher report form yielded a two factor structure (i.e., Inappropriate Assertiveness/Impulsiveness scale and Appropriate Social Skills scale), the factor structure of the MESSY-II has yet to be established. 1.3. Procedures The participants for this investigation were recruited throughout the children adolescents who enrolled in exceptional children schools. We first select 4 state – Tehran, Esfahan, Alborz Kordistan randomly and then separate a list of exceptional children schools in this 4 state. After permission from authorities (Misinstry of Education in each city), the head teachers were contacted in order to coordinate the data collection processes. Then, after training the head teacher about MESSY-II in an agreed date teachers were asked to complete a paper and pencile version of the final draft of the Iranian version of MESSY-II for each student while one of us (AMo) was present in the agreed school for any possible help or inquiries. Data collected in about 1 month. 1.4. Data Analysis In order to determine the factor structure of the MESSY-II, an exploratory factor analysis with Principle axis factoring was used on the 64 items of the MESSY-II. Given the likelihood of correlations among the underlying constructs of the factors, an oblique promax rotation was used (brown, 2006). The optimal factor structure was determined via examination of the scree plot, and comprehensibility of factors (zwick velicer, 1986). Items with factor loadings greater than .30 were retained for each factor (kline, 2000). Internal consistency of the factors was examined using Cronbach’s alpha (Cronbach, 1951) and the 0.70 criterion for adequate reliability (Nunnally Bernstein, 1994). 2. Results Exploratory factor analysis yielded a two-factor solution for the MESSY-II. The total variance accounted for by the two- factor model was 41.43%. Inappropriate Assertiveness/Impulsiveness factor accounted for 29.37% of the variance. Appropriate Social Skills factor accounted for 12.6% percent of the variance. The correlation between two factors was moderate r= .410. Two items (i.e., item 20: Is afraid to speak to people; and item 46: Feels lonely) did not meet the criteria of .30, and were removed from the measure. Table 1 lists the factors and corresponding items. Next, internal consistency was examined for the two factors of the MESSY-II using Chrobach’s alpha. Inappropriate Assertiveness/Impulsiveness had an internal consistency of .950 (M=70.58; SD=24.87), and Appropriate Social Skills had an internal consistency of .952 (M=75.64; SD=24.91). corrected Item-total correlations were considered for each of the retained factors to determine if the removal of additional items was warranted due to coefficients below 0.30 (Field, 2005). Item total correlations of Inappropriate Assertiveness/Impulsiveness subscale ranged from 0.42 (item 15) to 0.70 (item 9, 17, and 52). item total correlations of Appropriate Social Skills subscale ranged from 0.37 (item 19) to 0.77 (item 41).since no item on any of the scales had a correlation of less than .30 and, therefore, all items were retained following the two items that had been removed during the exploratory factor analysis. 3. Discussion Impairments in social skills are a defining aspect of developmental disabilities, and deficits in these skills can affect the ability of children, adolescents, and adults to progress in other areas across the spectrum of development. Furthermore, social deficits are major risk factors for challenging behaviors (Farmer Aman, 2009; Tenneij, Didden, Stolker, Koot, 2009), and similarly, they can compound problems of psychopathology (Brim, Townsend, DeQuinzio, Poulson, 2009; Matson, Dempsey, Rivet, 2009; Niklasson, Rasmussen, O ´ skarsdo ´ ttir, Gillberg, 2009; Rose, Bramham, Young, Paliokostas, Xenitidis, 2009). For these and other reasons, the development of measures of social skills is very important (Matson Boisjoli, 2009a, 2009b; Matson Dempsey, 2009; van den Hazel, Didden, Korzilius, 2009). The purpose of this paper then, was to determine the factor solution of a measure used to assess social skills, the MESSY-II in Iranian population (Matson et al., 2010). The original MESSY was initially developed nearly three decades ago, but recently renormed (see Matson et al., 2010). Exploratory factor analysis of the MESSY-II yielded a three factor solution. Two of the factors were consistent with inappropriate social skills while the other consisted of items relating to appropriate and adaptive social skills. The data were collected as part of an epidemiological research program including all children adolescents with administratively defined ID living in 4 state – Tehran, Esfahan, Alborz Kordistan. Overall, the results showed that the internal consistency of the Iranian MESSY-II is in line with previous research on the MESSY-II and that the proposed two-factor model had an acceptable fit. This study showed satisfactory cultural adaptation, reliability, content validity and factor structure for the Iranian version of MESSY-II. However, considering the study limitations, the findings should not be generalized. In general this instrument will be a valuable teacher/parent reported measure for the evaluation of social skills (Inappropriate Assertiveness/Impulsiveness Appropriate Social Skills) among children adolescents with mental retardation in Iran and other Persian-speaking countries. Table 1: Factor structure of the MESSY-II Item no. Factor 1: Inappropriate Assertiveness/Impulsiveness Factor 2: Appropriate Social Skills 1 Makes others laugh .484 2 Threatens people or acts like a bully .770 3 Becomes angry easily .688 4 Is bossy (tells people what to do instead of asking) .541 5 Gripes or complains often .638 6 Speaks (breaks in) when someone else is speaking .702 7 Takes or uses things that are not his/hers without permission without permission .535 8 Brags about self .576 9 Slaps or hits when angry .753 11 Gives other children dirty looks .677 12 Feels angry or jealous when someone else does well .615 13 Picks out other Children’s faults/mistakes .561 15 Breaks promises .464 16 Lies to get what he/she wants .537 17 Lies to get what he/she wants .734 21 Hurts others’ feelings on purpose .587 22 Is a sore loser .601 23 Makes fun of others .616 24 Blames others for own problems .619 29 Is stubborn .703 32 Thinks people are picking on him/her when they are not .517 35 Makes sounds that bother others .548 36 Brags too much when he/she wins .526 38 Speaks too loudly .532 43 Always thinks something bad is going to happen .427 48 Gets upset when he/she has to wait for things .450 52 Gets in fights a lot .736 53 Is jealous of other people .467 57 Stays with others too long (wears out welcome) .529 58 Explains things more than necessary .376 60 Hurts others to get what he/she wants .746 62 Thinks that winning is everything .483 63 Hurts others’ feelings when teasing them .759 64 Wants to get even with someone who hurts him/her .717 10 Helps a friend who is hurt .672 14 Always wants to be first .585 18 Walks up and initiates conversation; .470 9 Slaps or hits when angry .340 25 Sticks up for friends .608 26 Looks at people when they are speaking .759 27 Thinks he/she knows it all .316 .493a 28 Smiles at people he/she knows .586 30 Acts as if he/she better than others .675 31 Shows feelings .659 33 Thinks good things are going to happen .474 34 Works well on a team .834 37 Takes care of others’ property as if it were his/her own .767 39 Calls people by their names .607 40 Asks if he/she can be of help .811 41 Feels good if he/she helps others .839 42 Defends self .598 44 Tries to be better than everyone else .741 45 Asks questions when talking with others .671 47 Feels sorry when he/she hurts others .589 49 Likes to be the leader .381 .468 a 50 Joins in games with other children .767 51 Plays by the rules of a game .812 54 Does nice things for others who are nice to him/her -.362 .712 a 55 Tries to get others to do what he/she wants .354 .368 a 56 Asks others how they are, what they have been doing, etc. .579 59 Is friendly to new people he/she meets .713 61 Talks a lot about problems or worries .312 .433 a References Kline, P. (2000) an easy guide to factor analysis. Routledge,: London. Nunnally J. C. Bernstein I. (1994) Psychometric Theory. McGr59aw-Hill, NewYork, NY. Zwick, W. R., Velicer, W. F. (1986). Comparison of Five Rules for Determining the Number of Components to Retain. Psychological Bulletin, 99(4): 432-442. Brown, T. A. (2006). Confirmatory factor analysis for applied research. New York: Guilford Press. Field, A. (2005). Discovering statistics using SPSS. London: Sage Publications Inc Cronbach, L. J. (1951). Coefficient alpha and the internal structure of tests. Psychometrika, 16(3), 297–334. Davis, T. E., III, Hess, J. A., Moree, B. N., Fodstad, J. C., Dempsey, T., Jenkins, W. S., et al. (2011). Anxiety symptoms across the lifespan in people diagnosed with autism disorder. Research in Autism Spectrum Disorders, 5, 112–118. Lugnegard, T., Hallerback, M. U., Gillberg, C. (2011). Psychiatric comorbidity in young adults with a clinical diagnosis of Asperger’s syndrome. Research in Developmental Disabilities, 32, 1910–1917. Greene, R. W., Biederman, J., Farone, S. U., Wilens, T. E., Mick, E., Blier, H. K. (1999). Further validation of social impairment as predictor of substance use disorders. Findings from a sample of siblings of boys with and without ADHD. Journal of Clinical Child Psychology, 28, 349–354. Mahan, S., Matson, J. L. (2011). Children and adolescents with autism spectrum disorders copared to typically developing controls on the Behavioral Assessment system for children, Second Edition (BASC-2). Research in Autism Spectrum Disorders, 5, 230–236. Matson, J. L., Wilkins, J. (2009). Psychometric testing methods for children’s social skills. Research in Developmental Disabilities, 30, 249–274. Worley, J. A., Matson, J. L. (2011). Psychiatric symptoms in children diagnosed with an autism spectrum disorder: An examination of gender differences. Research in Autism Spectrum Disorders, 3, 1086–1091.

American experience

The ancient Greeks were the first to introduce philosophical thought to mankind. When one thinks of Greek philosophy, three individuals come into mind – Socrates, Plato and Aristotle in this order. Plato was Socrates’ protege and Aristotle that of Plato. These men not only enlightened men with their brilliance but also helped provide moral guidance to society for this was the role of philosophers whose wisdom was valued and sought for from the lowliest citizen to that of kings. This was all but forgotten during the time of the Romans and the Middle Ages.The Renaissance saw the return of classical Greco-Roman culture in most respects but it fell short when it came to philosophical thought especially in the purview of politics. It was here that a new political thought emerged courtesy of Niccolo Machiavelli. Through his work, The Prince, Machiavelli did not only provide a theoretical framework for his patron, but would also be employed by future leaders who found his idea s not only practical, but very useful in helping them achieve their goals. The Renaissance period was the result of the Humanist movement that emerged during the waning years of the Middle Ages.Prior to this, secular political philosophy was already existing during the Holy Roman Empire but the extent of its influence was rather limited because the academic field was wholly influenced by Christian scholasticism. The Humanist movement picked up momentum as it brought back classical ideas to supplant scholasticism. Those who held on to Christian values saw the Renaissance as the â€Å"return to paganism† which was not only evident in the art but in philosophy as well and Machiavelli was the one who stood out during this period with virtually no peer.Machiavelli was born in a tumultuous era of the Renaissance. This was the time the Popes, heads of the Catholic Church were influential enough to raise their own armies and waged war; wealthy Italian city-states, though enjoying rel ative autonomy from the prosperity they enjoyed were susceptible to attack and conquest by foreign powers such as Spain, France and even the Holy Roman Empire and this was further made complicated and to an extent convoluted with series of political-military alliances which continually changed as erstwhile allies and confederates changed sides on a whim and at any given time.Moving forward beyond Machiavelli’s lifetime, this was also a similar occurrence in later centuries, thereby validating Machiavelli’s observations and ideas. This period was also characterized by political instability and volatility as governments rise and fall even though it had barely been around after its installation. This was the world of Machiavelli. Ironically, he himself was its victim when he was part of the republican faction that saw the expulsion of the Medici family from power and was banished into exile by the same family when it was restored to power.It was during this time of exile that he wrote The Prince which he dedicated (ironically) to the Medicis, the very same people who banished him, as a way of currying their favor in ending his exile. The Prince emphasizes how a ruling prince, the title of the rulers of the city-states, can maintain control over all he governs. This is a rather tough balancing act as the prince needs to exercise control over the resources of the state in order to maintain it and at the same time meet the needs of his people.That requires the prince being someone above reproach almost to the point of being infallible, whilst privately acting amorally to meet the goals of the state. Machiavelli based these from his observations as a Florentine diplomat, and his study of ancient history, particularly the history of the Roman Republic. It can be inferred here that by the time Machiavelli wrote The Prince, the ideas embodied here are not exactly new but something he revived based on his studies.In this social and political milieu, Machiav elli observed the way people lived and had in mind a plan to â€Å"educate† or â€Å"enlighten† leaders how they should rule and even define their lifestyles if they wanted to stay in power longer. During his time, he noticed that most people were obliged to live virtuously as according to Aristotelian ethics. However, he dared to challenge this belief, saying that living virtuous lives does not necessarily lead to happiness. Machiavelli, in a sense of irony and apparently going against the norms, viewed misery as something useful which prince should capitalize on if they wish to rule longer.Machiavelli states boldly in The Prince, â€Å"The answer is, of course, that it would be best to be both loved and feared. But since the two rarely come together, anyone compelled to choose will find greater security in being feared than in being loved. As long as you serve their interests, they are devoted to you†¦Men are less nervous of offending someone who makes himself loveable, than someone who makes himself frightening†¦A ruler should make himself feared in such a way that if he does not inspire love, at least he does not provoke hatred. For it is perfectly possible to be feared and not hated.† (quoted from Morgan 510) From this statement alone, one might think Machiavelli was trying to corrupt minds and undermine the virtues being practiced during his time by entertaining such a thought. But if one would only take an empathic look, The Prince does not dismiss morality, entirely. It somehow redefines morality in more pragmatic terms which is characterized by what is considered â€Å"acceptable cruel action,† but it must be decisive, swift, effective, and short-lived. It can be further inferred that Machiavelli saw how ironic it is to yield good results by performing â€Å"evil† actions.However, one caveat here is that the â€Å"evil† Machiavelli used is not the same as †evil† in the Judaeo-Christian se nse of the word. For Machiavelli, cruelty should not be taken at face value or in absolute terms as had shown in one observation: â€Å"He (duke) put Mr. Remiro d’Orco, a man both cruel and efficient, in charge, and gave him absolute power. D’Orco in short order established peace and unity, and acquired immense authority. The duke decided such unchecked power was no longer necessary, for he feared the people might come to hate it. So he established a civil court, placing an excellent judge in charge of it.† (quoted in Morgan 493-494) What this means is that â€Å"evil† or in this case, cruelty should not be taken at face value for what it denotes. Rather, cruelty is defined as repressive actions taken by the state, more often than not manifested in the use of force to make things happen. But in so doing, the prince, or any ruler for that matter, is justified in his actions because it accomplishes a goal which in this case it to see to the preservation of the state and society as a whole, thus giving meaning to the Machiavellian adage, â€Å"the ends justify the means.† As a treatise, its primary intellectual contribution to the history of political thought is the realistic approach which sees how political realism clashes with political idealism and based on Machiavelli’s observations, the former prevails as the ideals based on classic Greek ideas of Plato and Aristotle tended to find no place in modern society where they used to emphasize the need for â€Å"enlightened† leadership or rule.Modern-day rulers do not have that luxury of being enlightened and they find Machiavelli’s ideas making more sense. It is only rather ironic and unfortunate that those who subscribed to these ideas are those Machiavelli would not want to – tyrants, despots and dictators. His idea of a leader using â€Å"acceptable cruel action† came from the dictators of the ancient Roman Republic. If there is something th is paper has proven, Machiavelli is not so bad after all.It would appear that most of his ideas were taken out of context and given the impression he encouraged rule by tyrants when he actually was not. It was only a matter of pragmatism and to an extent prudence though not in the same level as Platonic and Aritstotelian thought. Works Cited Morgan, Michael L. Classics of Moral and Political Theory 4th Edition. Indianapolis: Hackett Publishing, 1992.

Analysis of the Causes and Measures of Curbing Fraud in...

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Common Law Assignment Free Essays

Jessie statement made to Ian that he is happy to ‘let go’ of his car with the wording he has used has the potential to aka the situation somewhat ambiguous, Jessie true intentions are unclear. The statement is not definite and lacks sufficient finality for the statement to be classed as an offer. Although his wording is uncertain the courts will also look at what context the statement was made and because Ian did state he wanted to ‘buy a car for his daughter then the statement can be argued both ways. We will write a custom essay sample on Common Law Assignment or any similar topic only for you Order Now Jessie then invited Ian to his home to look at the car although there is still no conversation about the sale of the car. This offer doesn’t have terms that are clear and final and therefore the requirement off valid offer has not been satisfied. It’s important in deciding if valid acceptance has occurred to acknowledge that acceptance must be clear, absolute and identical to the terms in this case Ian in not having full knowledge of the terms has accepted without full knowledge of the offer. He did not communicate acceptance to the offer Jessie. Ian in his actions of the visit to Jessie house to look at the car and his daughter taking full possession of the car cannot be seen as valid acceptance as Ian acted in ignorance of the offer Question 1 B Ian and Jessie at no point stated that they had any intention to enter into any binding agreement to create legal relations. The court will apply two tests the commercial presumption and the social and domestic presumption to determine if the parties had intended to create legal relations The language used by Ian in this case from the first discussion regarding the car, to the discussion regarding the ‘Market Value’ seemed somewhat of a social nature rather than a commercial arrangement. Jessie at no point made any indication to Ian regarding a legally binding agreement and he at no point made any suggestion’s to Ian that he was selling his car the court could el in favor of the social domestic presumption this was simply an arrangement between friends no intention to create legal relations have been satisfied Question Nan’s consideration for the car is too vague and could be seen to be too affected by uncertainty due to there being at no point any talk of a sale or payment. Ian could not have provided good consideration in this case; it’s unclear whether he provided consideration at all because an agreement has not been reached by both parties. A mere discussion between friends on the Market value of the car in question could not be seen as valid consideration. Question ID There is no valid contract between Jessie and Ian because all elements of a contract have not been satisfied at this stage. The terms are to ambiguous and unclear to come to a conclusion as to what the terms may have been as Jessie use of wording ‘Let go’ of the car and further discussions with Ian are not certain. The courts may apply the six rules to help determine whether a contract exists or the certainty of the terms if there to be a contract. The terms in this case would be seen as Illusory and therefore the court would not enforces or recognize the terms as being a valid interact. 11. Assuming the courts did find in favor of the commercial presumption and other elements were satisfied the discussion regarding the market value of the car could be seen as a term to pay $3500 for the Toyota Corolla while Stephanie Nan’s daughter takes first possession of the car. Question 2 Bryan can argue on the basis of lack of capacity as a minor and the contract can be void because it’s not a contract for necessaries. Although he would have to prove that it’s a luxury not a necessaries and it would be up to the courts to decide given his lifestyle and current circumstances 2. How to cite Common Law Assignment, Essays Common Law Assignment Free Essays The issue is it’s unclear whether Jessie is making an offer to sell or an offer simply as a gift as they have been friends for 15 years. In order to determine if a valid offer has been made application of the objective test would be applied . Would a reasonable person in these circumstances believe there to be a valid offer and what is the relative importance of the statement to each party? Jessie statement made to Ian that he is happy to ‘let go’ of his car with the wording he has used has the potential to aka the situation somewhat ambiguous, Jessie true intentions are unclear. We will write a custom essay sample on Common Law Assignment or any similar topic only for you Order Now The statement is not definite and lacks sufficient finality for the statement to be classed as an offer. Although his wording is uncertain the courts will also look at what context the statement was made and because Ian did state he wanted to ‘buy a car for his daughter then the statement can be argued both ways. Jessie then invited Ian to his home to look at the car although there is still no conversation about the sale of the car. This offer doesn’t have terms that are clear and final and therefore the requirement of a valid offer has not been satisfied. It’s important in deciding if valid acceptance has occurred to acknowledge that acceptance must be clear, absolute and identical to the terms in this case Ian in not having full knowledge of the terms has accepted without full knowledge of the offer. He did not communicate acceptance to the offer Jessie. Ian in his actions of the visit to Jessie house to look at the car and his daughter taking full possession of the car cannot be seen as valid acceptance as Ian acted in ignorance of the offer Question 1 B Ian and Jessie at no point stated that they had any intention to enter into any binding agreement to create legal relations. The court will apply two tests the commercial presumption and the social and domestic presumption to determine if the parties had intended to create legal relations The language used by Ian in this case from the first discussion regarding the car, to the discussion regarding the ‘Market Value’ seemed somewhat of a social nature rather than a commercial arrangement. Jessie at no point made any indication to Ian regarding a legally binding agreement and he at no point made any suggestion’s to Ian that he was selling his car the court could ale in favor of the social domestic presumption this was simply an arrangement between friends no intention to create legal relations have been satisfied Question Nan’s consideration for the car is too vague and could be seen to be too affected by uncertainty due to there being at no point any talk of a sale or payment. Ian could not have provided good consideration in this case; it’s unclear whether he provided consideration at all because an agreement has not been reached by both parties. A mere discussion between friends on the Market value of the car in question could not be seen as valid consideration. Question ID There is no valid contract between Jessie and Ian because all elements of a contract have not been satisfied at this stage. The terms are to ambiguous and unclear to come to a conclusion as to what the terms may have been as Jessie use of wording ‘Let go’ of the car and further discussions with Ian are not certain. The courts may apply the six rules to help determine whether a contract exists or the certainty of the terms if there to be a contract. The terms in this case would be seen as Illusory and therefore the court would not enforces or recognize the terms as being a valid interact. 11. Assuming the courts did find in favor of the commercial presumption and other elements were satisfied the discussion regarding the market value of the car could be seen as a term to pay $3500 for the Toyota Corolla while Stephanie Nan’s daughter takes first possession of the car. Question 2 Bryan can argue on the basis of lack of capacity as a minor and the contract can be void because it’s not a contract for necessaries. Although he would have to prove that it’s a luxury not a necessaries and it would be up to the courts to decide given his lifestyle and current circumstances 2. How to cite Common Law Assignment, Essays

Mariana and Long Distance Essay Example For Students

Mariana and Long Distance Essay Mariana is a poem written by Alfred Lord Tennyson, based on a Shakespeare play. In the play, the character Mariana is in love with a man called Angelo. He then leaves her. This poem is about her waiting for him to come back. Also it is speculated that Tennyson wrote this poem because he had experienced something similar himself. Although this might not be true we do know that he liked writing stories about the past. In Long Distance, written by Tony Harrison, a man is waiting for his wife to return although we know she will not because she has died. These two poems follow the same theme, waiting for a loved one to return home, but they portray the theme very differently. In Mariana even from the first line it is suggested to us that her living area is decayed, dark and dull with the blackest moss the flower pots were thickly crusted. This is also suggests age because instead of saying black moss it says blackest moss which tells us that it has blackened over time. Also moss only grows on a surface, which is not often disturbed by footsteps. This suggests that Mariana doesnt go out of her house very often, if at all. The flower pots were thickly crusted . This means that they have not been tended to. All of which tells us that Mariana does not lead an active life or at least she does not care for her house and garden. In Long Distance the image portrayed is very different to the scene set in Mariana. Although both poems are dealing with a lost love, Long Distance deals with this theme in a much simpler way than Mariana. Long Distance uses a lot less onomatopoeia and alliteration. The first line of Long Distance, Though my mother was already two years dead has a very strong end of line. The word dead sounds very final. If it had ended with the word years it would have not been as shocking. Unlike Mariana there is a very regular rhyme pattern to this poem and this shows the calmness that the man feels because he pretends that his wife is still alive. In Mariana the rhyme pattern is not regular, this tells us that she is not calm and shows her anguish for her lost love. The father in Long Distance holds on to the memory of his wife because he loved her passionately, his still raw love. Mariana holds on to her raw love due to the same reasons, but she also has the hope that he might return someday. We learn much from the first verses of each poem. In Mariana we learn that to her, her environment is dark and full of despair, with the blackest moss the flower pots were thickly crusted The rusted nails fell from the knots that held the pear to the gable wall. The broken sheds Unlifted was the clinking latch. This all describes her life not moving from her house, just sitting in misery. In Long Distance we learn that the father stays in his home to be reminded of his wife who was warm and kind, slippers warming by the gas, put hot water bottles by the side of her bed and still went to re-knew her transport pass This gives us an insight into the fathers life. I believe he is kind as was his wife. This quote creates imagery of a warm kind household. It also makes us feel sympathy for his loss. There are two like quotes in Mariana and Long Distance which specifically tells us that they stay in their houses, Unlifted was the clinking latch and the rusted lock. .ub09c5cebcad079c4e7f1e1393d713466 , .ub09c5cebcad079c4e7f1e1393d713466 .postImageUrl , .ub09c5cebcad079c4e7f1e1393d713466 .centered-text-area { min-height: 80px; position: relative; } .ub09c5cebcad079c4e7f1e1393d713466 , .ub09c5cebcad079c4e7f1e1393d713466:hover , .ub09c5cebcad079c4e7f1e1393d713466:visited , .ub09c5cebcad079c4e7f1e1393d713466:active { border:0!important; } .ub09c5cebcad079c4e7f1e1393d713466 .clearfix:after { content: ""; display: table; clear: both; } .ub09c5cebcad079c4e7f1e1393d713466 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ub09c5cebcad079c4e7f1e1393d713466:active , .ub09c5cebcad079c4e7f1e1393d713466:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ub09c5cebcad079c4e7f1e1393d713466 .centered-text-area { width: 100%; position: relative ; } .ub09c5cebcad079c4e7f1e1393d713466 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ub09c5cebcad079c4e7f1e1393d713466 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ub09c5cebcad079c4e7f1e1393d713466 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ub09c5cebcad079c4e7f1e1393d713466:hover .ctaButton { background-color: #34495E!important; } .ub09c5cebcad079c4e7f1e1393d713466 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ub09c5cebcad079c4e7f1e1393d713466 .ub09c5cebcad079c4e7f1e1393d713466-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ub09c5cebcad079c4e7f1e1393d713466:after { content: ""; display: block; clear: both; } READ: Carl Sandburg EssayWhilst in Long Distance the father is embarrassed by his pretence, You couldnt just drop in. You had to phone, Mariana seems unaware of the world outside her house, All day within the dreamy house. Another difference between the two characters mindset is that the father pretends his wife never left, whereas, Mariana waits for her fiancà ¯Ã‚ ¿Ã‚ ½ to return. Although if the fathers wife had left him rather than died I believe he would have reacted in the same manner as Mariana. This is because both loves were very passionate and truly heartfelt. The third verse of Long Distance is extremely sad. It talks of the fathers self-denial; he believes that his wife has just popped to get the tea. This is not unlike Marianas self-denial in believing that her fiancà ¯Ã‚ ¿Ã‚ ½ will return home. Both characters cannot admit to there not being any hope of their lovers returning. Another similarity is that both characters live in the past; for example, Old footsteps trod the upper floors, in Mariana. This is not so literal in Long Distance as he lives in the past by not letting go of his wifes memory. The endings to both poems are very moving, although in Mariana it is more dramatic, in the style of a Shakespearean play, and in Long Distance it is a very simple enclosed rhyme but it is quite thought provoking. At the end of Long Distance the writer tells us obliquely that his father has died now too. He also indicates that he thought his father was foolish for acting the way he did. He then changes the mood of the verse by saying that although he doesnt pretend that his parents have both gone shopping he has still added their phone number to his new phone book. He now understands the way his father felt. He uses the metaphor the disconnected number I still call to describe his feelings: he wants to keep in contact with his parents but cannot because they are gone. The ending to this poem is vital to the understanding of the title. At the very end of Mariana the four end lines, which are repeated loosely at the end of all verses, are significantly changed. This sums up the fact that she has now completely lost hope of her lovers return. This is like the writer in Long Distance coming to terms with the fact that both of his parents are now dead.