Token Economies Essay Example for Free

Token Economies Essay A token economy is a behaviour modification program based on operant conditioning principles. Token economies are sometimes successfully used in institutional settings, such as schools and psychiatric hospitals. People receive tokens for desirable behaviours such as getting out of bed, washing and cooperating. These tokens can be exchanged for rewards such as going for leave on hospital grounds, TV-watching time or exchange in the hospital shop for cigarettes or snacks. In a study carried out by Burchard and Barrera (1972) using a token economy system designed for the rehabilitation of mildly mentally ill young boys who displayed a high frequency of anti-social behaviour. Tokens were mostly earned through achievement in the workshop and were exchanged for a variety of rewards, such as meals, recreational trips, clothes or purchases. A time-out procedure was also adopted where boys had to sit on a bench behind a partition, hence having time out from being able to receive reinforcers; also a response cost procedure was employed during which reinforcers were removed, thus tokens were removed. Time out and deprivation of tokens occurred following swearing, personal assault, property damage or other undesirable behaviour, it was found that these things repressed the boys bad behaviour, but in some boys one technique might be more effective than another. Behaviour modification is being applied to a whole variety of what are traditionally considered disturbed behaviours with good results. The main practical difficulties are being able to find suitable reinforcers and to apply the techniques constantly. Some critics have suggested that behaviour modification may succeed in changing behaviours but not the processes that underlie them, and also that it could be used to teach that behaviour which best fits the demands of the institution rather than that which is in the individuals best interest. Using a Token economy system within an institution presents many difficulties, as staff have to ensure that reinforcement and removal of tokens must be consistent and done constantly. All staff, be it day or night have to be fully involved, they also have to carry out their roles fully for such a programme to work. It only requires one staff member to fail at their task for the effectiveness of the programme to fail. Organising and carrying out such a scheme requires time and effective planning, it is an expensive and time consuming way to change behaviour, if some staff are not committed to the programme then it is likely fail. There is also no attempt to address the cause behind why the children are trouble makers, and what might be a more dignified way of helping them. Who decides what is or is not acceptable behaviour, the staff within the institution not the individual children themselves. Such a scheme could be open to unlimited abuse. It is no coincidence that in some closed environments of hospitals and homes some staff members have been caught physically and mentally abusing defenceless people, a perfect example is that of Winterbourne hospital run by the Castlebeck group which featured on BBC’s Panorama programme 31 May 2011 (http://www.bbc.co.uk/news/uk-20070437) a reporter went undercover and filmed shocking abuse carried out on the residents of the home. Following the investigation a number of staff have been charged and arrested for the abuse of vulnerable clients whilst in their care. Eye Movement Desensitization and Reprocessing: A fairly new therapy is Eye movement desensitization and reprocessing (EMDR), developed by Francine Shapiro in 1987, is a method that some therapists use to treat problems such as post traumatic stress disorder, panic attacks and more recently phobia’s. This treatment is a type of exposure therapy in which clients move their eyes back and forth while recalling memories that are to be desensitized. Many critics of EMDR claim that the treatment is no different from a standard exposure treatment and that the eye movements do not add to the effectiveness of the procedure. The treatment is fairly complex and includes elements from several different schools of therapy. The most unusual part of the treatment involves the therapist waving his or her fingers back and forth in front of the clients eyes, and the client tracking the movements while focusing on a traumatic event. The act of tracking while concentrating seems to allow a different level of processing to occur. The client is often able to review the event more calmly or more completely than before. Strengths of the Behaviour Approach: The major strength of the behavioural approach is that some disorders especially phobias do seem to be a result of ‘faulty learning’. The behavioural approach is better than the biological approach at explaining some disorders such as Post-Traumatic Stress Disorder, which is an anxiety disorder that occurs in response to an extreme psychological or physical experience. At least some sufferers show anxiety reactions to stimuli which were present at the time of the trauma. A main strength of the behaviourist perspective has been the development of useful applications. One strength of the behaviourist approach is that it has successfully applied classical and operant conditioning to its theories. Systematic desensitisation is based on classical conditioning and is useful for treating phobias. Another strength of the behaviourist approach is that it uses scientific methods of research, which are objective, measurable and observable, such as Banduras bobo doll study of aggression. The behavioural approach offers very practical ways of changing behaviour from for example therapies through to advertising. However at the same time this does raise an ethical issue as if the behaviourist perspective is able to control behaviour who decides which behaviour should be controlled or changed. Weaknesses of the Behaviour Approach: The behaviourist approach to understanding abnormality is very reductionist as it reduces explanations for behaviour to simple reward and punishment. While some behaviour’s such as the acquisition of phobias, may be explained this way, there are many abnormal behaviours that seem to be passed on genetically, for example alcoholism, autism and schizophrenia and so it is difficult to explain them solely in terms of classical or operant conditioning. Similarly there are many disorders, for example depression, that seem to feature abnormal levels of neurotransmitters and so a biological explanation may be more sensible than a simple behaviourist one. Behaviourism can explain the role of the media in the acquisition of certain abnormal behaviours. Anorexia has long been linked with the perfect body image as portrayed in the media. People may learn to be anorexic through social learning by observing models and actresses, reading about the diets they are on, and copying the behaviour they see. The majority of research into classical and operant conditioning has been conducted on animals. Aside from the possible ethical implications of animal research, there is also the issue of generalising findings from one species and applying them to another. Assumptions have to be made that at least some human physiology and psychology is the same as animal physiology and psychology, but clearly humans are different to animals. The behaviourist approach is extremely determinist because it states that a behaviour that has been reinforced will be carried out, and one that has been punished will not be carried out. However, humans clearly have a degree of free will and are able to decide when to carry out some behaviours and when to resist them. Cognitive theories of behaviour try to account for free will and decision making, and so it may be better to combine behaviourist and cognitive approaches when trying to explain abnormal behaviour. A further problem with the behavioural perspective is that many of the practical uses of the approach such as aversion therapy and token economy systems when used as a way of changing behaviour do tend to be short lived. That is, they do change behaviour but often only for a limited time. The behaviourist model also struggles to explain why we acquire phobias for some objects or events quicker than others. In a modern world, fast cars, wintery conditions and using a mobile whilst crossing the road are far more threatening than spiders and snakes but we don’t develop car phobia. The Biological Model: The biological model aims to explain all behaviour and experience in terms of physical bodily processes. For example, when you feel stressed this usually involves a sensation of your heart pounding, your palms being sweaty and so on. These are physical symptoms created by activation of the nervous system. Your experience of stress is caused by the biological processes involved. The nervous system is divided into the central nervous system (CNS) and the autonomic nervous system (ANS), which is further subdivided into the sympathetic and parasympathetic branches. The central nervous system comprises the brain and spinal cord, containing about 12 billion nerve cells or neurons. It explains behaviour in terms of the following assumptions: 1. Different areas of the brain are specialised for certain functions, the cerebral cortex covers the surface of the brain and is responsible for higher cognitive functions. The cerebral cortex is divided into four lobes with the most important being the frontal cortex or lobe, responsible for à ¯Ã‚ ¬ne motor movement and thinking. Other lobes include the occipital lobe, which is associated with vision. Underneath the cortex there are various sub cortical structures such as the hypothalamus which integrates the autonomic nervous system and plays a part in stress and emotion. 2. Neurons are electrically excitable cells that form the basis of the nervous system. The à ¯Ã‚ ¬exibility of the nervous system is enhanced by having many branches at the end of each neuron called dendrites, so that each neuron connects with many others. One neuron communicates with another neuron at a synapse, where the message is relayed by chemical messengers or neurotransmitters. These neurotransmitters are released from presynaptic vesicles in one neuron, and will either stimulate or inhibit receptors in the other neuron. The synaptic cleft or gap is about 20 nanometres wide. Some common neurotransmitters are dopamine which is associated with rewards and also schizophrenia, serotonin associated with sleep and arousal, adrenaline associated arousal and gamma-amino-butyric acid (GABA) which decreases anxiety. 3. Hormones are biochemical substances that are produced in one part of the body (endocrine glands such as the pituitary and adrenal glands) and circulate in the blood, having an effect on target organ(s). They are produced in large quantities but disappear very quickly. Their effects are slow in comparison with the nervous system, but very powerful. Examples of hormones include testosterone (a male hormone) and oestrogen (female hormone). Some hormones such as adrenaline are also neurotransmitters. The biological approach has become the most widely used form of treating mental illness since the 1960’s. The biological model takes the same approach as it does for physical ailments, and assumes that psychological problems have a physical cause such as genetics where the patient may have inherited the illness from his parents or run in the family, possibly through a rouge or bad gene. The model takes the approach as with other illnesses that physical intervention will be required be it chemotherapy (drug therapy), ECT (electroconvulsive therapy) and previously surgery to treat psychological issues. Although the biological model focuses on internal, biological processes, it does not ignore the possibility that the environment can have a role to play in abnormality. Biological Therapies: Biomedical therapies include chemotherapy (drug therapy), electroconvulsive therapy (ECT) and psychosurgery.  Chemotherapy (drug treatment):  The most widely used form of treatment available under biological therapies is chemotherapy (drugs) with almost 25% of NHS prescriptions being for drugs to treat mental disorders in the United Kingdom. It aims to treat psychological disorders with medications and is usually combined with other kinds of psychotherapy. The main categories of drugs used to treat psychological disorders are antianxiety drugs, antidepressants, and antipsychotics.

Essay on Freedom and Satan in John Milton’s Paradise Lost

Freedom and Satan in Paradise Lost  Ã‚  Ã‚  Ã‚     Ã‚   Satan's primary operational problem in Paradise Lost is his lack of obedience. The fundamental misunderstanding which leads to Satan's disobedience is his separation of free will from God's hierarchical power. In the angel Raphael's account, Satan tells his dominions, "Orders and Degrees/Jarr not with liberty" (5.792-93). Tempting as this differentiation seems, Satan is mistaken. Free will and hierarchical power are not mutually exclusive, as Satan suggests, but overlapping concepts. Even though Satan has been created with sufficient freedom to choose to disobey, he tacitly acknowledges God's sovereignty when he exercises his choice. Satan is constrained existentially, from the outset, by having a specific choice to make about whether or not to obey God. Satan, just as all angels, demons, and humans, may exercise his freedom as assent or dissent, for God had created him "Sufficient to have stood, though free to fall./Such I [God] created all th' ethereal powers/And spirits . . . /Freely they stood who stood, and fell who fell" (3.99-102; cf. 5.549). If Satan would choose neither to assent nor to dissent, thereby refusing to exercise his free will, he would be discarding his free will. But this is impossible, as the demons determine in counsel in Book II; so long as he exists, Satan must make choices with respect to his possible obedience to God. If Satan's first mistake was to completely divorce his free will from God's power in giving him that freedom, his second mistake occurs in his conception of what it means to exercise that freedom. God says that "Not free, what proof could they [Satan et al.] have given sincere/Of true allegiance"? (3.103-04). But Satan has exactly the... ...lthough one can choose, as Satan does, to dissent and disobey, such purportedly self-creative acts are in fact merely an acknowledgment of God's hierarchical power. When pride and ambition to be like God prevent humans from hearing the "umpire Conscience" God has placed within us (3.195; Satan likewise has been given conscience enough to remember the call to obedience, 4.23), we become like Satan, for the same reasons constrained to listen only to the Satanic voice dissenting in our ears. Works Cited Scott Elledge, ed., Paradise Lost, second edn. (NY: Norton, 1993). Millicent Bell, "The Fallacy of the Fall in Paradise Lost," PMLA 68 (1953), 863-83; here p. 878. Northrop Frye, The Return of Eden (Buffalo: Univ. of Toronto, 1965), 39-40, 43 Barbara Lewalski, Paradise Lost and the Rhetoric of Literary Forms (Princeton: Princeton U. , 1985), 174.   

P3 U2 Essay

P3: Describe the potential effects of discriminatory practice on those who use health or social care services. Discrimination has the potential to affect individuals in wide-ranging ways. In health and social care, the effects of discrimination can be catastrophic and even end in the death of a service user. Anyone planning a career in health and social care should be aware of the potential negative effects caused by discrimination. We will explore them here. Marginalisation As you might expect, marginalisation means being pushed to the margins of society. In other words, you are unable to participate fully in the health and social care services that are available. Marginalisation can occur at both micro and macro levels. Governments have been accused of marginalising groups of the population in terms of their health and social care needs. Disempowerment People who are discriminated against (especially by powerful groups in society such as health care professionals) are often totally disempowered. This means they are not able to take action Individuals can be disempowered through another form of discrimination – ‘the health worker knows best’ syndrome. Low self-esteem and self-identity If we have high self-esteem and self-worth, it means that we appreciate our own worth and value ourselves highly. Conversely then, having low self-esteem means that we feel helpless and powerless to cope and can even feel depressed. People who are discriminated against are in real danger of developing low self-esteem, which can lead to them being unable to cope with life’s challenges and changes. This is particularly important for those individuals who have to cope with illness or changes in their social condition. If they are to cope well, they need to believe in themselves and their ability to manage, whatever situation they are in. Health care workers need to pay attention to an individual’s self-esteem and constantly work at improving this – this is a good method for helping individuals to cope positively with their situation. Restricted opportunities Discrimination, as we have already seen, has the potential to prevent access to health and social care services. This could be through the attitudes and beliefs of the health care workers who fail to value all individuals or it could be through the effects of low self-esteem. Negative behaviours  including aggression and criminality Another effect of discrimination can be seen in the behaviour of individuals. This is particularly noticeable in children, who often display negative behaviours in order to gain a ttention, even when that attention is negative! Adults and young people as a result of discrimination and low self-esteem can also display negative behavioural traits. However, in these cases the behaviour can take on a much more ‘sinister’ appearance. It may manifest itself as aggression towards those holding power (including health care professionals or those working in the employment and judicial services) and through criminal activity such as drug taking, burglary and physical violence. Loss of rights There have been cases in the national media of care homes, secure or forensic units (places of security for people with dangerous psychiatric behaviours) and individual carers being accused of systematically discriminating against the people in their care and overriding their individual rights by the use of power or force. Older, vulnerable people in residential or nursing care homes are at particular risk of abusive situations because of the high power base of those caring for them. There are occasions when statutory powers are used legitimately to override individual rights. In these cases, doctors and judges can take decisions together to place people in places of safety for their ‘own good’. Another example of the use of statutory powers in operation is when social workers need to work with others such as the police or medical service to take children from unsafe homes and place them in centres of safety. Bibliography Books Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 80. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=89 Copyright  © 2007. Pearson Education Limited. All rights reserved. 25/07/13 15:25 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 81. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=90 Copyright  © 2007. Pearson Education Limited. All rights reserved. 15:26 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 82. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=91 Copyright  © 2007. Pearson Education Limited. All rights reserved.15:36

P3 U2 Essay

P3: Describe the potential effects of discriminatory practice on those who use health or social care services. Discrimination has the potential to affect individuals in wide-ranging ways. In health and social care, the effects of discrimination can be catastrophic and even end in the death of a service user. Anyone planning a career in health and social care should be aware of the potential negative effects caused by discrimination. We will explore them here. Marginalisation As you might expect, marginalisation means being pushed to the margins of society. In other words, you are unable to participate fully in the health and social care services that are available. Marginalisation can occur at both micro and macro levels. Governments have been accused of marginalising groups of the population in terms of their health and social care needs. Disempowerment People who are discriminated against (especially by powerful groups in society such as health care professionals) are often totally disempowered. This means they are not able to take action Individuals can be disempowered through another form of discrimination – ‘the health worker knows best’ syndrome. Low self-esteem and self-identity If we have high self-esteem and self-worth, it means that we appreciate our own worth and value ourselves highly. Conversely then, having low self-esteem means that we feel helpless and powerless to cope and can even feel depressed. People who are discriminated against are in real danger of developing low self-esteem, which can lead to them being unable to cope with life’s challenges and changes. This is particularly important for those individuals who have to cope with illness or changes in their social condition. If they are to cope well, they need to believe in themselves and their ability to manage, whatever situation they are in. Health care workers need to pay attention to an individual’s self-esteem and constantly work at improving this – this is a good method for helping individuals to cope positively with their situation. Restricted opportunities Discrimination, as we have already seen, has the potential to prevent access to health and social care services. This could be through the attitudes and beliefs of the health care workers who fail to value all individuals or it could be through the effects of low self-esteem. Negative behaviours  including aggression and criminality Another effect of discrimination can be seen in the behaviour of individuals. This is particularly noticeable in children, who often display negative behaviours in order to gain a ttention, even when that attention is negative! Adults and young people as a result of discrimination and low self-esteem can also display negative behavioural traits. However, in these cases the behaviour can take on a much more ‘sinister’ appearance. It may manifest itself as aggression towards those holding power (including health care professionals or those working in the employment and judicial services) and through criminal activity such as drug taking, burglary and physical violence. Loss of rights There have been cases in the national media of care homes, secure or forensic units (places of security for people with dangerous psychiatric behaviours) and individual carers being accused of systematically discriminating against the people in their care and overriding their individual rights by the use of power or force. Older, vulnerable people in residential or nursing care homes are at particular risk of abusive situations because of the high power base of those caring for them. There are occasions when statutory powers are used legitimately to override individual rights. In these cases, doctors and judges can take decisions together to place people in places of safety for their ‘own good’. Another example of the use of statutory powers in operation is when social workers need to work with others such as the police or medical service to take children from unsafe homes and place them in centres of safety. Bibliography Books Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 80. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=89 Copyright  © 2007. Pearson Education Limited. All rights reserved. 25/07/13 15:25 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 81. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=90 Copyright  © 2007. Pearson Education Limited. All rights reserved. 15:26 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 82. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=91 Copyright  © 2007. Pearson Education Limited. All rights reserved.15:36

P3 U2 Essay

P3: Describe the potential effects of discriminatory practice on those who use health or social care services. Discrimination has the potential to affect individuals in wide-ranging ways. In health and social care, the effects of discrimination can be catastrophic and even end in the death of a service user. Anyone planning a career in health and social care should be aware of the potential negative effects caused by discrimination. We will explore them here. Marginalisation As you might expect, marginalisation means being pushed to the margins of society. In other words, you are unable to participate fully in the health and social care services that are available. Marginalisation can occur at both micro and macro levels. Governments have been accused of marginalising groups of the population in terms of their health and social care needs. Disempowerment People who are discriminated against (especially by powerful groups in society such as health care professionals) are often totally disempowered. This means they are not able to take action Individuals can be disempowered through another form of discrimination – ‘the health worker knows best’ syndrome. Low self-esteem and self-identity If we have high self-esteem and self-worth, it means that we appreciate our own worth and value ourselves highly. Conversely then, having low self-esteem means that we feel helpless and powerless to cope and can even feel depressed. People who are discriminated against are in real danger of developing low self-esteem, which can lead to them being unable to cope with life’s challenges and changes. This is particularly important for those individuals who have to cope with illness or changes in their social condition. If they are to cope well, they need to believe in themselves and their ability to manage, whatever situation they are in. Health care workers need to pay attention to an individual’s self-esteem and constantly work at improving this – this is a good method for helping individuals to cope positively with their situation. Restricted opportunities Discrimination, as we have already seen, has the potential to prevent access to health and social care services. This could be through the attitudes and beliefs of the health care workers who fail to value all individuals or it could be through the effects of low self-esteem. Negative behaviours  including aggression and criminality Another effect of discrimination can be seen in the behaviour of individuals. This is particularly noticeable in children, who often display negative behaviours in order to gain a ttention, even when that attention is negative! Adults and young people as a result of discrimination and low self-esteem can also display negative behavioural traits. However, in these cases the behaviour can take on a much more ‘sinister’ appearance. It may manifest itself as aggression towards those holding power (including health care professionals or those working in the employment and judicial services) and through criminal activity such as drug taking, burglary and physical violence. Loss of rights There have been cases in the national media of care homes, secure or forensic units (places of security for people with dangerous psychiatric behaviours) and individual carers being accused of systematically discriminating against the people in their care and overriding their individual rights by the use of power or force. Older, vulnerable people in residential or nursing care homes are at particular risk of abusive situations because of the high power base of those caring for them. There are occasions when statutory powers are used legitimately to override individual rights. In these cases, doctors and judges can take decisions together to place people in places of safety for their ‘own good’. Another example of the use of statutory powers in operation is when social workers need to work with others such as the police or medical service to take children from unsafe homes and place them in centres of safety. Bibliography Books Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 80. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=89 Copyright  © 2007. Pearson Education Limited. All rights reserved. 25/07/13 15:25 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 81. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=90 Copyright  © 2007. Pearson Education Limited. All rights reserved. 15:26 Stretch, Beryl (Editor); Whitehouse, Mary (Editor). BTEC National Health and Social Care Book 1. Harlow, Essex, GBR: Pearson Education Limited, 2007. p 82. http://site.ebrary.com/lib/croydon/Doc?id=10299110&ppg=91 Copyright  © 2007. Pearson Education Limited. All rights reserved.15:36

Elements of a valid contract - Free Essay Example

Sample details Pages: 8 Words: 2529 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Research paper Tags: Contract Law Essay Did you like this example? Introduction (125 words) We bump into contracts almost every day. Contracts are usually being made orally e.g. boarding a train, purchasing coffee at a shop, purchase cloth at an online store. Don’t waste time! Our writers will create an original "Elements of a valid contract" essay for you Create order However occasionally written contracts are sometimes required, such as when buying a car or an apartment. A contract were created because that there is an agreement between two parties which is enforceable by law. Offer and acceptance analysis is a common methodology in contract law used to determine whether an agreement exists amongst the two parties. The others are consideration and intention to create legal relationship between parties in forming a contract. The Law of Contract in Malaysia is governed by the Contract Acts 1950. Section 2(h)1 states that an agreement enforceable by law is a contract. Elements of valid contract (375) Element Explanation Offer When a party or a person signifies his willingness to enter into a contract with another person. An offer is the starting point and the formation of a contract. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal – Contract Act 1950. Acceptance When a person to who an offer has been made to another person and that person makes an acceptance to the offer made. The basic rule on contract acceptance is that the person who made the offer and the person who accepted the offer must correspond with each other. Consideration It is the price of the promises made. For example Ahmad sell his car for RM80k to Ali. In this case, car is the consideration of Ali and RM80k is the consideration of Ahmad. Capacity Each contracting party must have the capacity to enter into its contract. Such person must have reached the age of majority according to the Age of Majority Act 1971 and be of sound mind at the time when the contract is made. When the law limits a person for engaging the contract, the contract is voidable for incapacity. Intention Two parties which enter into a contract must have intimate relationship between them to create legal relations. If there are no intentions between both parties, then there is no intention to create the agreement. Agreements of a social or domestic nature do not contemplate legal relationship; as such they are not contracts. Free Consent A person is deemed not to freely consent to enter into a contract if he is influenced by coercion, undue influence, fraud, misrepresentation and mistake when entering into the contract. â€Å"Two or more persons are set to consent when they agree upon the same thing in the same sense† Indian Contract Act, Section 13. Certainty A contract must contain conditions which are clear in meaning and not vague or uncertain. Contracts which are vague cannot be enforce by law. The content of the contract must be clear an understandable in oral or in writings. Valid Object A contract made must be for matters which are not against the law. There are certain agreements which have been expressly declared void by the law such as illegal activities. Some invalid objects examples are unnatural events like bringing life from the death, immoral events or opposed to the public policies. First Element of Contract: Offer The first element to constitute a valid contract is offer. Some argue that ‘offer’ and ‘proposal’ have similar meanings. Some jurist indicates that the term ‘offer’ and ‘proposal’ have a slight different meaning. In fact, the word ‘proposal’ which is used in the Malaysian Contracts Act 1950 could have a broader meaning than the word ‘offer’ (Dr Adnan Trakic). The starting point in the formation and constitute of a contract is an offer or a proposal. It is an essential and important element of a contract. Without offer or a proposal, contract would not form. Agreements which are not enforceable by law are null and void. The Contracts Act 1950 is a specific Malaysian legislation which governs contracts. The term ‘offer’ has not been defined in this Act, but the term ‘proposal’ has. At first sight, it seems that the meaning of an offer and a pr oposal is the same, but linguistically, as well as from a legal point of view, a difference can be drawn between these two terms. The word ‘proposal’ has a rather general meaning compared to the word ‘offer’ which is more specific. Nevertheless, the definition of ‘proposal’ in s 2(a) of the Contracts Act 1950 implies the definition of an offer under Common law. There are two types of offer, one is unilateral and the other one is supply of information. In a unilateral contract, the party who made an offer that makes promise if other party performing a certain act, the offer is accepted when the act is performed. Unilateral case is shown in the case of Carlill v Carbolic Smoke Ball Company. In this case, Carbolic Smoke Ball Co made an advertisement that anyone who, by using their product, ie carbolic smoke balls, contracts influenza will be rewarded with $100. In fact, they deposited $1000 with Alliance Bank displaying the seriousness of their offer. Mrs Carlill used the carbolic smoke balls as prescribed and yet she caught influenza. As a result of it, she claimed the $100 reward. Carbolic Smoke Ball Co contended that there was no binding contract between the parties as their statement was addressed to the whole world, and it is impossible to have a contract with the whole world. The Court of Appeal observed that the contract cannot be concluded with the whole world, but that an offer can be made to the whole world, and the parties who come forward and accept an offer would be in a contractual relationship with the offeror. (Carlil v Carbolic Smoke Ball Company, 1892). The second type of offer is bilateral. In a bilateral contract, both parties are bound by their exchange of promises. For example, A sell car to B for RM50k and B will only buy car from A for RM50k if A sell the car with upgraded sports rim. A agreed to sell car to B for RM50k with upgraded sports rim that B requested. Second Element: Acceptance The second element to form a contract is acceptance. According to Contract Act section 2 (b), acceptance is the final expression of assent to the terms of an offer. Acceptance is a final and unqualified expression to the terms of an offer as mention in section 7 of Contract Act 1950. In an acceptance, the acceptor is agreed to the offer and its terms from the offeror, unless it is a counter-offer. In Hyde v Wrench case demonstrate that counter-offer cancels the original offer. Wrench offered to sell his farm in Luddenham to Hyde for  £1000, an offer which Hyde declined. On 6 June 1840 Wrench wrote to Hydes agent offering to sell the farm for  £1000, stating that it was the final offer and that he would not alter from it. Hyde offered  £950 in his letter by 8 June, and after examining the offer Wrench refused to accept, and informed Hyde of this on 27 June. On the 29th Hyde agreed to buy the farm for  £1000 without any additional agreement from Wrench, and after Wrench refuse d to sell the farm to him he sued for breach of contract. Under the circumstances there exists no valid binding contract between the parties for the purchase of this property. The defendant offered to sell it for  £1000, and if that had been at once unconditionally accepted there would undoubtedly have been a perfect binding contract; instead of that, the plaintiff made an offer of his own, to purchase the property for  £950, and he thereby rejected the offer previously made by the defendant. It was not afterwards competent for Hyde to revive the proposal, by tendering an acceptance of it and that; therefore, there exists no obligation of any sort between the parties (Hyde v Wrench, 1840). The acceptance must be communicated, whereby the communication of the offer is completed once the acceptances become knowledge to the offeree. The acceptance must be communicated to the offeree, that the person who made the offer. If another person accepts the offer on his behalf without hi s authorization, the acceptance is not valid. Silence cannot be construed as an acceptance. Example case Felthouse v Bindley, the offeror cannot write the words â€Å"If I Hear no more from you, it means that you have accepted the offer† (Felthouse v Bindley, 1862). Third Element: Intention Another element to form a valid contract is intention with the intent to create a legal relationship between both or more parties. In a social or domestic nature in an agreement, the law created a presumption that the agreement does not have intention to create a legal relationship. In this third element, there are two types of agreement that often used by people which is first; the social agreement. Social agreements are usually made by friends or families, without the intention being enforceable. For example children and parents, a domestic agreement, does not create a legal relationship. In the example case of Merrit v Merrit, the principle rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Mr. Merritt and his wife jointly owned a house. Mr. Merritt left to live with another woman. They made an agreement (signed) that Mr. Merritt would pay Mrs. Merritt a  £40 monthly sum, and eventually transfer the house to her, if Mrs. Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr. Merritt refused to transfer the house (Merrit v Merrit, 1970). The other type of agreement for this element is business agreements. Business agreements are treat differently than social or domestic agreement by the law. The agreement revoked if evidence is produced that there was clearly no intention to create a legally binding agreement. For example the case Carlill v Carbolic Smoke Ball Co, where the defendant made an extravagant claims in advertisement about the ability of their smoke ball in preventing influenza. The advertisement that they advertised in newspaper is that if anyone who, by using their product, ie carbolic smoke balls, contracts influenza will be rewarded with $100. In fact, they deposited $1000 with Alliance Bank displaying the seriousness of their offer. The defendant contended that the advertisement in the newspaper was â€Å"a mere puff† and was not intended to create a legal relationship with the public. However the court rejected this appeal as the bank deposit was a strong evidence that the defendant had intended a legal accountability when they issued their advertisement (Carlil v Carbolic Smoke Ball Company, 1892). Fourth Element: Consideration The fourth element in an agreement or contract is consideration. Consideration is referring the price paid in exchange or price agreed for both parties to perform an act. For an agreement to be considered as a contract, it must either be supported by consideration or be a formal contract. As stated in the Contracts Act 1950, when at the desire of promisor, the promise or any other person has done absta ined from doing, or does or obtains of doing, or promises to do or to abstain from doing something such act or abstinence or promise is called a consideration for the promise. The promisor is the person who undertaking to perform the consideration and the other hand the promisee, is the acceptance of the consideration. Considerations that have already performed is said to be executed. In this element, a mere promise into a contract that law will enforce. For examples, Amir wants to buy car from Abu for RM20k and Abu sold the price with RM20k as considered the price is justifiable. Another example, Pian agrees to sell his bike to Lin, who agrees to pay RM 1000. If Lin pays the money in return for the bike and the contract is made, then this is a present consideration. If the payment and the transfer ownership of the bike are to take place at a time after the contract is made, then the consideration is future consideration. If Lin is to purchase Pian’s bike for RM 1000 and Pian is to reply on work that Lin performed for Pian last week, then it is called past consideration. The act that of consideration is already past. Recommendation Offer and proposal should be clearly stated in the Contracts Act 1950, whereby the proposal terms should be define as it coverage is wider prospect. Although it has similarity to the terms offer, proposal should have a separate section as guidance for forming contract. Recommendation to amend the Contracts Act 1950 by adding provision(s) on standard form consumer contracts. The problem with this alternative is the general nature of the 1950 Act. It does not have specific provisions dealing with contents or the terms of a contract. A specific legislation on standard form consumer contracts with specific provisions on form and content of the said contract. This method of regulating standard form contracts is regarded as the best method for Malaysia, bearing in mind the limitations of other legislations. Improvement of communication illustrations as mention in Section 2 (4) as modern world has different type of communication example online social media. Suggest that using example of communication via Facebook whereby a promisor promise to offer a gift in return if the promise done an agreed act example click on ‘like’ at the page. The Contracts Act 1950 should have a better act on protecting the consumers. Thus while a consumer can now worry less about whether he or she may claim under a defective contract, the same might not be said for a notice, for example, one notice excluding liability for negligence when using a swimming pool or car park, for example, is not covered, which clearly limits its scope to standard form contracts, and does not mention notices. Children below the age of 16 not competent to enter into a contract of employment. This act should add as an exception as at least people of age as young as 14 years old should enter the contractual of employment. This is because some family may experience difficulties to continue their lives and children as young as 14 years are capable to work and help their families. Scholarship contracts also should amended to 16 years old from 18 years old. This is because some students who have talents may jump to universities earlier. Conclusion It can be concluded that every enforceable contract is based on a mutual agreement between the contracting parties which would not be possible to achieve without an offer and acceptance. The discussion of this paper has been limited only to one of these essential elements for the formation of contracts, ie an offer. Furthermore, in order to have a binding contract, the parties need to come to an agreement. Whether an agreement has been concluded between the parties is a difficult question which needs to be determined by the courts. Thus, the courts would apply the objective test in determining whether an agreement has been achieved on both parties. In conclusi on, our law is good enough but it doesn’t recognized a minor for enter into a contract. But with some amendment, it will benefit the minor.