Study On Mortgage Lending Patterns In China - Free Essay Example

Sample details Pages: 9 Words: 2571 Downloads: 7 Date added: 2017/06/26 Category Finance Essay Type Essay any type Did you like this example? Introduction Objective Why study this issue organisation of the dissertation With Chinas rapid economic development, urbanization advance, driven by domestic demand and improved living standards, the residentsà ¢Ã¢â€š ¬Ã¢â€ž ¢ demand for housing improvement has been increasing. In the foreseeable future, China will have a thriving real estate development space and potential. Financial support is necessary for real estate development, especially housing mortgage loans. Don’t waste time! Our writers will create an original "Study On Mortgage Lending Patterns In China" essay for you Create order For Commercial Banks in China, this is a huge cake and cheese. The one with best risk-management abilities and tools will be able to gain more market share. This dissertation take China Merchants Bank as case study on the design, methods, processes, data, development and verification of housing mortgage loans scoring card, propose home mortgage loans scorecard model, and be used effective and widely. Literature Review à ¢Ã¢â€š ¬Ã¢â‚¬Å" Credit Scoring/Sub-prime crisis Mortgage contracts/types of mortgages Credit Scoring technologies are used to control levels of default within american consumer credit. And such technologies have been involved with its own methodological, procedural and temporal risks. And periodic renewal of models and constant reappraisal of methods and procedures are required in accessing the risk. Through testing a diffusion model of techbology adoption for the financial services industry, we find that banking organizations that are more centralized in their organizational structure and those located in the New York Federal Reserve district adpted small business credit scoring before their peers. The former is due to the influence of organizational structure on technology adoption, and the latter is consistent with theories of geography-dependent innovation diffusion. Race is influential to the mortgage lending disicion in USA. However, it is not important in China. Profession and income level have greater effect on the probability of getting the loan. I will dev elop another critiria to understand the pattern in China based on the study of à ¢Ã¢â€š ¬Ã…“Understanding Mortgage Lending Patternsà ¢Ã¢â€š ¬? by Issac F. Megbolugbe. Background of mortgage lending in China Strong growth in Chinas housing markets. The housing mortgage in China is not very old in comparison to others. 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¯Ã¢â‚¬Å¾Ãƒ ¥Ã‹â€ Ã¢â‚¬  Ãƒ ¦Ã‚ ¨Ã‚ ¡Ãƒ ¥Ã… ¾Ã¢â‚¬ ¹Ãƒ ¥Ã…“ ¨Ãƒ ¥Ã¢â‚¬  Ã¢â‚¬ ¦Ãƒ §Ã… ¡Ã¢â‚¬Å¾Ãƒ ¤Ã‚ ¸Ã¢â€š ¬Ãƒ §Ã‚ ³Ã‚ »Ãƒ ¥Ã‹â€ Ã¢â‚¬â€Ãƒ ¥Ã‚ ºÃ¢â‚¬ Ãƒ §Ã¢â‚¬ Ã‚ ¨Ãƒ ¦Ã‚ ¨Ã‚ ¡Ã ƒ ¥Ã… ¾Ã¢â‚¬ ¹Ãƒ ¯Ã‚ ¼Ã…’à ¤Ã‚ ½Ã¢â‚¬  Ãƒ ¥Ã…“ ¨Ãƒ ¦Ã‚ ¨Ã‚ ¡Ãƒ ¥Ã… ¾Ã¢â‚¬ ¹Ãƒ ¥Ã‚ ®Ã… ¾Ãƒ ©Ã¢â€ž ¢Ã¢â‚¬ ¦Ãƒ ¥Ã…’à ¦Ã¢â‚¬ ¢Ã‚ °Ãƒ ¦? ®Ãƒ ¦Ã¢â‚¬ Ã‚ ¶Ãƒ ©Ã¢â‚¬ ºÃ¢â‚¬  Ãƒ ¦Ã¢â‚¬â€œÃ‚ ¹Ãƒ ©? ¢Ãƒ ¨Ã‚ ¿Ã‹Å"à ¥Ã‚ ­Ã‹Å"à ¥Ã…“ ¨Ãƒ ¤Ã‚ ¸Ã¢â€š ¬Ãƒ ¤Ã‚ ºÃ¢â‚¬ ºÃƒ ¥Ã‚ ·Ã‚ ®Ãƒ ¥Ã‚ ¼Ã¢â‚¬Å¡Ãƒ ¥Ã…’à ¤Ã‚ ¸?à ¨Ã‚ ¶Ã‚ ³Ãƒ £Ã¢â€š ¬Ã¢â‚¬Å¡ China Merchants Bank (hereinafter referred to as à ¢Ã¢â€š ¬Ã…“CMBà ¢Ã¢â€š ¬?) is one of the first bank engaged in studying and adopting credit scoring model in China since 2004. In 2007, CMB developed its mortgage loan application scoring model, and the model was applied countrywide to all its 700 branches next year. In 2009, with the progress of Basel II Accord implementing in Chinese banking industry, CMB developed its application scoring model, behavior scoring model, collection scoring model of mortgage loan, auto loan, personal consumption loan in succession to measure and manage its risk in a more accurate way. As for now, scoring model systems are used in the bank to cover over 95 percent of loan business in retail banking sector through various process including loan application, marketing, pricing, after sale management, default loan collection, etc. CMBà ¢Ã¢â€š ¬Ã¢â€ž ¢s mortgage loan application scoring model uses the same methodology as that in those active European and American banks. By collecting debtorà ¢Ã¢â€š ¬Ã¢â€ž ¢s risk characteristics information, shaping its default definition and performance period, utilizing logistic regression based on 0/1 distribution of dependent variable, using KS statistical analysis to test the modelà ¢Ã¢â€š ¬Ã¢â€ž ¢s predictive capability, the scoring model was finally established. Due to the difference in Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s political, economic and cultural environment with western countries, CMBà ¢Ã¢â€š ¬Ã¢â€ž ¢s credit scoring model also differs in its design details from European and American banks. With the relatively short history in studying an d adopting credit scoring model in Chinese banking industry, some shortfalls in date collection was also in existence and will be reflected in the independent risk variables as the result of the credit scoring model. For example, CMB generated different scoring model for different regional segmentation in its model designing period. The reason relies on the unbalanced economical development and different demographical characteristics and risk characteristics through over the country. The risk characteristics like age, income can have totally different impact to the credit scoring model. In some cities, elder applicant represents high income level and stable economic status, thus the possibility of loan default is low. While in some other cities, younger applicant can get financial support from the whole family, thus means lower risk of this type of applicants. However, European banks usually apply only one consistent model in one country. For some small banks, one consistent mode l will be applied even in several countries due to the lack of adequate sample date and similar economic and cultural environment. Another example is that the demographical information in CMB sample data is not so credible as that for Western Banksà ¢Ã¢â€š ¬Ã¢â€ž ¢. Most of the demographical information in CMB data comes from the application form which is filled out by applicants themselves. Some demographical information, like income, marital status, could not be verified through any official credit agency. In some occasions, applicants may exaggerate their income level or distort their marital status to meet the credit approval requirement of the bank. So the authenticity of the date could not guaranteed, and the bank must use those information cautiously. The relationship manager of the bank always need to assess their customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ risk level by using the tools bank provided or with their own experience, but the assessment result are usually not quantitative ou tput and can not be used in building the credit scoring models. While for European and American banks, the authoritative credit agencies provided a transparent and credible information environment. Banks can cheaply and conveniently access to the credit agencies for demographical information of applicants, including age, dwelling address, telephone number, period in current employment, household income, other outstanding loan, default record and tax information, and those electric information can be downloaded and integrated into the banksà ¢Ã¢â€š ¬Ã¢â€ž ¢ database system for the purpose of building the credit scoring model. To compare the credit scoring model development process in CMB and CITI Bank of USA, (hereinafter referred to as à ¢Ã¢â€š ¬Ã…“CITIà ¢Ã¢â€š ¬?), we found the same basic methodology are adopted, both banks using logistic regression to create their mortgage application scoring models, the default definition and performance period are quite close, and KS tes ting, out-of-sample testing and cross-time testing are all applied to validate the modelà ¢Ã¢â€š ¬Ã¢â€ž ¢s effectiveness. The main discrepancy rest with the date sample date sector and can be sorted as follows: Firstly, the sample date is easily accessible from credit agencies for Citi bank, and the bank use extensively those date in its model building process. There are more than 1000 credit agencies in USA and mostly of them are subjected to three most authoritative credit agencies: Experian, TransUnion and Equifax. Citi bank receives credit information both directly from Experian and from their outsourcing credit enquiry companies in Georgia and South Dakota. But for Chinese banks, including CMB, the one and only credit information channel is the PBOC(Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank of China) Credit Center established few years ago. This official credit agency started to provide its credit query service to commercial banks only in 2008. Due to its limited history, more than ha lf of the nationà ¢Ã¢â€š ¬Ã¢â€ž ¢s population are still excluded from outside the system. For many applicants, Credit Center could neither verify their demographical information nor find credit record for them. Furthermore, the credit query service do not provide mass electronic date but only printable date, thus made the integration of query results with banks database an impossible mission. Secondly, for Citi bank, some demographical information, like race, gender, canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be used in credit scoring model development due to the restriction of laws and regulations. Otherwise, the discrimination between loan applicants with different races or genders may cause serious consequences such as lawsuit against the bank. But there is not such limitation in both Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s banking regulations and traditional morality, the bank could use such information to discriminate their customers in the credit scoring model if only they have enough predictive ability and business sense. Thirdly, in Citi bankà ¢Ã¢â€š ¬Ã¢â€ž ¢s credit scoring model, the information of refusal debtorsà ¢Ã¢â€š ¬Ã¢â€ž ¢ are also deemed as sample date, thus provide a new dimension to analysis the customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ risk characteristics. The bank may summarize rules from the risk characteristics of those rejected applicants and adopted into the credit approval guidelines for further practice operations. CMB did not reserve any information about rejected applicant in past so that its credit scoring system did not involve any reject inference activity. Recently, CMB has started to collect information about rejected applicant, but the information canà ¢Ã¢â€š ¬Ã¢â€ž ¢t be used in adjust the model only when they accumulated to a certain amount after about five years. Generally speaking, CMB has already established a series of credit scoring model to cover its retail banking business including mortgage loan by using universal methodology. However, the date col lection is one of its main shortages for the bank to improve the quality of its modelling practice. 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¸Ã…  Ãƒ ¥?†¡Ãƒ ¥Ã‚ ¹Ã¢â‚¬ ¦Ãƒ ¥Ã‚ ºÃ‚ ¦Ãƒ ©?Ã… ¾Ãƒ ¥Ã‚ ¸Ã‚ ¸Ãƒ ¦Ã…“†°Ãƒ ©Ã¢â€ž ¢?à £Ã¢â€š ¬Ã¢â‚¬Å¡Ãƒ ¦Ã¢â€ž ¢Ã‚ ®Ãƒ ©Ãƒ §Ã… ¡Ã¢â‚¬Å¾Ãƒ ¥Ã‹â€ Ã¢â‚¬  Ãƒ ¦Ã… ¾?à ¨Ã‚ ®Ã‚ ¤Ãƒ ¤Ã‚ ¸Ã‚ ºÃƒ ¯Ã‚ ¼Ã…’à ¨Ã‚ ¿Ã¢â€ž ¢Ãƒ ¤Ã‚ ¸Ã… ½Ãƒ ¤Ã‚ ¸Ã‚ ­Ãƒ ¥Ã¢â‚¬ ºÃ‚ ½Ãƒ ¨Ã‚ ¾Ã†â€™Ãƒ ©Ã‚ «Ã‹Å"à §Ã… ¡Ã¢â‚¬Å¾Ãƒ ©Ã‚ ¦Ã¢â‚¬â€œÃƒ ¤Ã‚ »Ã‹Å"à ¦Ã‚ ¯Ã¢â‚¬ Ãƒ §Ã… ½Ã¢â‚¬ ¡Ãƒ ¥Ã…’à ¤Ã‚ ¸Ã… ½Ãƒ ¨Ã‚ ¾Ã†â€™Ãƒ ¤Ã‚ ¼Ã‚  Ãƒ §Ã‚ »Ã… ¸Ãƒ §Ã… ¡Ã¢â‚¬Å¾Ãƒ ¤Ã‚ ¿Ã‚ ¡Ãƒ §Ã¢â‚¬ Ã‚ ¨Ãƒ ¦Ã¢â‚¬â€œÃ¢â‚¬ ¡Ãƒ ¥Ã…’–à ¦Ã…“†°Ãƒ ¥Ã¢â‚¬ ¦Ã‚ ³Ãƒ £Ã¢â€ š ¬Ã¢â‚¬Å¡ Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s housing market reform started in year 1988, but it was not until 1995 that Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s central bank PBOC issued its first regulation in individual household loan area. This Provisional Code of Housing Loan on Commercial Banksà ¢Ã¢â€š ¬Ã¢â€ž ¢ Account set the minimum mortgage down payment ratio at 30%, the maximum term of mortgage loan at 10 years, the mortgage interest rate is a preferential rate to the benchmark of fixed assets loan. In 1999, PBOC issued A Number of Views on Encouraging the Development of Consumption Loans, in which the loan to value rate loosened to 80%, the maximum term of mortgage loan to 30 years, and the lowest preferential interest rate can be 10% discount on benchmark. In 2003, PBOC issued Notice on Further Enhance Real Estate Loan Management, in which reaffirmed the 20% minimum down payment, raise the interest rate of mortgage loan to benchmark. The Notice brings forward the new concept of à ¢Ã¢â€š ¬Ã…†œsecond set of houseà ¢Ã¢â€š ¬?, to which the bank should raise the down payment and interest rate level to the debtor. In recent years, the skyrocketing real estate prices in China bring worries on assets bubbles in public and accumulated risks to mortgage loans and real estate loan. The central bank and CBRC (China Banking Regulatory Commission) constituted and enacted several regulations to guide the mortgage business with most of the measures hooked on down payment ratio and interest rate. Generally speaking, for purchase of the first set of house, the down payment requirement is at least 20% and the interest rate are relatively flexible; for purchase of the second set of house, the down payment requirement is at least 30% and the interest rate at benchmark. The relatively loosen policy was deems as one of the important drives to boost the house price to an irrational high level now in many Chinese big cities. To curb housing market speculation, the State Council announce d in April, 2010 that: 1. The minimum down payment ratio is lifted to 30% for the first set of house purchase if the area is more than 90 square meters; 2. Second set of house buyers must pay at least 50% of the value for mortgage down payment, and the interest rate are at least 1.1 times of benchmark; 3. Higher down payment ratio and interest rates are required for à ¢Ã¢â€š ¬Ã…“three of more setà ¢Ã¢â€š ¬? of house purchase. Analyst believe the mortgage loan demand should be negatively impacted but within a limited range, and the lifted down payment ratio would provide better buffer for housing pricing decline, which would benefit loan quality. As for the banking regulations specific in the credit scoring system, it was not until 1997 CBRC released several regulatory guidelines successively along with the Basel II Accord implementation progress in Chinese banking industry. One of the most important is the Internal Rating System Regulatory Guideline, in which principle guidel ines for building internal rating system are provided for commercial banks. Being a vital part of internal rating system, credit scoring system is also regulated by these guidelines, and the main principles on credit scoring system in the guidelines are as follows: The burden is on the bank to satisfy its supervisor that a model or procedure has good predictive power and that regulatory capital requirements will not be distorted as a result of its use. The variables that are input to the model must form a reasonable set of predictors. The model must be accurate on average across the range of borrowers or facilities to which the bank is exposed and there must be no known material biases. The bank must have in place a process for vetting data inputs into a statistical prediction model which includes an assessment of the accuracy, completeness and appropriateness of the data specific to the assignment of an approved rating. The bank must demonstrate that the data used to build the model are representative of the population of the bankà ¢Ã¢â€š ¬Ã¢â€ž ¢s actual borrowers or facilities. When combining model results with human judgement, the judgement must take into account all relevant and material information not considered by the model. The bank must have written guidance describing how human judgement and model results are to be combined. The bank must have procedures for human review of model-based rating assignments. Such procedures should focus on finding and limiting errors associated with known model weaknesses and must also include credible ongoing efforts to improve the modelà ¢Ã¢â€š ¬Ã¢â€ž ¢s performance. The bank must have a regular cycle of model validation that includes monitoring of model performance and stability; review of model relationships; and testing of model outputs against outcomes. The bank should clearly know the basic assumptions of the model and assess the consistency between the assumptions and current economic or market conditions. The bank must demonstrate that economic or market conditions that underlie the data are relevant to current and foreseeable conditions. If current conditions change, the bank should ensure that the model can adapt the changed conditions. If model can not meet the request, the bank must adjust model conservatively. The above are all regulation items about credit scoring system. We can see those regulation items are mostly principle-based. The process and method of building credit scoring system are in compliance with the guideline on the whole. Although the banking regulations on credit scoring system are roughly and fundamentally, CBRC has always kept a close watch on the credit scoring model construction in the countryà ¢Ã¢â€š ¬Ã¢â€ž ¢s biggest six commercial banks including CMB. Stringent and strict on-site assessment has been carried out by CBRC throughout the whole process of date collection, model design to parameter results to ensure the appropriate a doption of the models. In June 2010, CBRC urgently request various state-owned commercial banks, joint-stock commercial banks as well as the city commercial banks with asset size over 500 billion yuan to start self-examination for real estate loans, and conduct stress testings especially in mortgage loan business. The result shows that even under highest stress scenario that the house price drop 30% from present level, the real estate related loans will maintain good quality, and the NPL (non-performing loan) ratio for mortgage loans will increase less than 1% for the whole banking industry. It is believed that the relatively high down payment ratio and the traditional credit culture in China contributed to such a released consolable result. Comparison of China/US/UK banking regulation and default risk Mortgage lending in China is safer and more stable than that in US. Conclusions

The Prayer Of The Holy Land - 902 Words

Then, Stephen starts to preach them. He uses the OT to refute the three main cores of Jewish faith. Those are the Holy Place, the Holy Law, and the Holy Temple. Jews believes that they get blessings from God because they possess these three things. His sermon is the longest sermon on the NT. No one has preached such sermon before him. That means he is learned in God’s words. Let’s us see what he learns about the three Holy things that Jews possess. A/ the Holy Place (7:2-36) In Acts 7:2-36 Stephen mentions 3 ancestors, Abraham, Jacob, and Moses, who got blessings before they get the Holy Place. Abraham gets God’s blessing in Haran before he set off to the Holy Land. (Gen 12:1-3) Jacob and his whole family get blessings from God while he has only a family tomb in the Holy Land. (Acts 7:16) Moses encounters God in the desert near Mount Sinai. The Lord calls the place as the Holy Place. (Act 7:30-33 NIV) That is to say a place is Holy only with God’s presence. God is not limited by a place. God’s work is not limited to the Holy Land. The greatest signs and miracles God did are in the Red Sea, not Israel. This like today E.g. Some people America is full of Christian culture. God also raises many missionaries and mega churches which influence the world from the US. Therefore, we must have a lot of blessings from God when we live here. We must be healthier and wealthier than the other nations in the world. But, Stephen tells us that God’s blessing is notShow MoreRelatedThe Holy City, Peace971 Words   |  4 Pagespeace† (Yerushalaim or Yerushalayim, 2013); however, today in the Holy City, peace is difficult to find. In recent decades, tensions have continued to rise in the city between the Jewish and Muslim populations. 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Contract Law †Intention to Oontract Free Essays

Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which shall merely be morally binding. We will write a custom essay sample on Contract Law – Intention to Oontract or any similar topic only for you Order Now ’ This requirement was expressly stated for the first time in Heilbut, Symons Co V Buckleton. Friel notes that important as there are a great many agreements and arrangements that, though possessing many of the characteristics of contract, probably are not intended to attract legal consequences. Intention to be legally bound operates on the basis of presumptions. The test for intention is objective. The court will impute intention to create legal relations to the parties on the basis on external factors rather than on the workings of the parties’ minds. Intention and Presumptions There are two presumptions in this area: 1. There is a presumption that agreements between family members or friends are not intended to be legally binding. 2. There is a presumption that agreements which are made in a commercial context are intended to be legally binding. Social and Domestic Arrangements A close family of social relationship raises a presumption of lack of intention to create legal relations. The seminal case, Balfour V Balfour involved maintenance payments to be sent home to his wife while he was working abroad. The court held that agreements between husband and wife are not intended to be legally binding. The closer the blood relationship the more readily the presumption will be raised and the more distant the degree of blood relationship, the more likely the courts will infer an intention to be legally binding. This can be seen in Simpkins V Pays where an informal agreement between a landlord and his lodger, to enter into a weekly competition, held lodger entitled to share of winnings, despite landlord’s evidence that there was no intention to be legally bound. Rogers V Smith shows the same principal in Balfour V Balfour applied to other family relationships. It was held in this case that the agreement between a mother nd her son did not attract legal relations. Likewise in Mckay V Jones where a nephew had worked on his uncle’s farm for some years without payment, claimed that the uncle had promised to the farm when he died. Deale J. Ruled that it was nothing more than a statement of intention or wish by the deceased†¦.. no promise was made as the agreement was bet ween family members. In contrast to this case is McCarron V McCarron where a child worked without reward for 16 years. The child was said to have lost out more in McCarron and therefore had a greater detriment or reliance on the compensation promised. The dates between this cases may explain the different points of view. In Leahy V Rawson found that an agreement between her non-marital partner’s brother, did not attract the presumption as it only applies to the closest family kinships, such as parent and child and spouses. The courts also held the same principal in social arrangements as was shown in Hadley V Kemp. In this case the court raised the presumption that an agreement as to the sharing of songwriter’s loyalties with other members of his band (Spandau Ballet) was not intended to create legal relations. Enright notes that a degree of intimacy is required between the parties in order to raise the presumption. The issue is not of status but closeness. We can contrast Balfour with Merritt V Merritt. As in Balfour, the parties were husband and wife and the agreement concerned an allowance, yet, in Merritt, the court chose to enforce the agreement. Merritt is distinguished however, on the grounds that the husband and wife were separated, so they were not in a close relationship any longer and so the presumption of lack of intention to create legal relations could not be raise. For the same reason, and as it appears in Courtney V Courtney, a separation agreement will not attract the presumption of lack of intention to create legal relations. It is the parties’ relationship at the time of contracting which matters. That is clear from the mother-daughter case of Jones V Padavatton. In this case, the mother agreed to maintain her daughter if she came home and studied for the Bar. Over time their relationship broke down but the presumption of lack of intention to create legal relations stood because of their close relationship at the time. Rebutting the Presumption There is some authority to the effect that the courts are more likely to find that the presumption of lack of intention to create legal relations has been rebutted where one party has relied on the agreement. This is seen in Parker V Clarke, involved two couples who were close friends. The Clarks told the Parkers if they sold their cottage they could move in with them, that the Clarks would leave some of their considerable estate to the Parkers on his death. Sometime after the couple moved in they fell out and the Parkers were forced to move out. They sued the Clarks for breach of contract. Because of the parties close relationship at the time of contracting, the presumption was that it was not intended to be legally binding. However, the court found that the Parkers’ detrimental reliance on the agreement in leaving their home was a factor strong enough to rebut the presumption, and intention to create legal relations was thereby found. The party alleging that a family agreement was intended to be legally binding bears the onus of rebutting the presumption that it was not so intended. It is significant that in a family agreement was made in a business context. So, for example, an agreement made in connection with a family business, such as that between brothers, directors of the company in Snelling V John G Snelling Ltd, is unlikely to fall foul of the presumption of lack of intention to create legal relations. The words used by the parties in setting out their agreement and, in particular, the level of certainty attaching to the agreement were also important. The fact that the parties have taken time to set out their agreement with formality and precision suggests that they intended it to be legally bound. On the other hand, where an agreement is expressed in vague terms, it tends to suggest that the parties did not intend to create a legally binding agreement. This is clear from Vaughan V Vaughan. This case concerned a couple who were no longer living in amity. They had agreed that the wife could stay in the matrimonial home. However, they had not decided how long she could stay for, or on what terms. Accordingly, their agreement was so vague in its essentials that the Court could not confer intention to create legal intentions in it. Commercial Agreements Commercial agreements raise the presumption that intention to create legal relations is present. It is difficult to rebut this assumption. The burden of proof is on the party seeking to deny it and that burden, according to Edwards V Skyways, is a heavy one. Vagueness on the essential terms of the contract tends to suggest an absence of intention to create legal relations. For example, the courts will rarely be able to find intention to create legal relations in so-called sales puffs. Thus, in Lambert V Lewis, no contract arose from a manufacturer’s statement that his product was ‘foolproof’ and ‘required no maintenance’ because his statements were ‘not intended to be, nor were they, acted on as being express warranties’. A lot depends on the facts of the case at hand. In Esso Petroleum V Commissioner of Customs and Excise, a binding contract was deemed to arise from a transaction in which football tokens were offered to anyone who purchased four gallons of the plaintiff’s petrol. According to Lord Simon ‘†¦. the whole transaction took place in a setting of business relations†¦Ã¢â‚¬â„¢, the purpose of the offer being commercial: Esso wanted the public to buy its petrol. Rebutting the Presumption Cadbury Ireland Ltd V Kerry Co-Op shows how a number of factors can operate to rebut the presumption of intention to create legal relations. In this case, a clause held not intended to be legally binding despite its solemnity: it was an argument to draw up a detailed agreement, but could not be relied upon itself. Even in a commercial context, the presumption in favour of the intention to create legal relations can be dispatched by a very clear expression of lack of intention. A classic example of this is in Rose and Frank Co V Crompton Bros. In this case, the parties had agreed that the plaintiff would be permitted to distribute the defendants’ goods in the US. The agreement however contained an ‘honourable pledge clause’. The court held that the agreement could not be enforced because of this clause. The court also found the wording precise enough to rebut the presumption in Jones V Vernon’s Pools Ltd. Collective Agreements Where a trade union negotiates an agreement with an employer on behalf of its members, does this agreement attract the presumption of intention to create legal relations? In the English case of Ford Motor Co Ltd V Amalgamated Union of Engineering and Foundry Workers, it is said that the presumption in relation to collective agreements is that they are not made with the intention to create legal relations. However, Irish Law takes a contrary view, tending to favour the enforcement of collective agreements via contract. So in Ardmore Studios V Lynch, it was suggested that a collective agreement which is set out in a clear specific manner will take legal effect. The Supreme Court took up this thread in Goulding Chemicals V Bolger. For the purposes of Irish Law, it seems safe to say that collective agreements can be enforced in the same manner as any other commercial agreement and attract the presumption that the intention of legal relations is present. In O’Rourke V Talbot Ireland, Barrington J treated a collective agreement as a commercial agreement. Similarly, in King V Aer Lingus the Supreme Court took the view that some of the commitments given by Aer Lingus to its employees as part of a collective agreement were binding. A problem that continues to afflict collective agreements, however, is their characteristically vague language – the majority of collective agreements will be void for uncertainty. Letters of Intent V Letters of Comfort Enright notes that a letter of comfort is a document designed to reassure the person to whom it is provided about certain matters while stopping short of making any binding promise. A good example of the effects of a letter of comfort arose in Kleinwort Benson V Malaysia Mining Corp. Bhd. In this case, the plaintiff bank had agreed to lend money to the subsidiary of the Malaysia Mining Corporation. In the course of negotiations for the loan, the bank received a letter of comfort stating that: ‘it is policy to ensure that the business of our subsidiary is at all times in a position to meet its liabilities to you under the above arrangements. ’ Despite this reassurance, the Court of Appeal concluded that this statement did not bind the defendant. The letter was not, in fact, purporting a binding promise. It was simply stating that company’s policy, a policy that might be changed or adjusted in response to novel circumstances. It is important to note, however, that there is no concrete rule precluding a letter of comfort from giving rise to legal relations. Whether or not such letters creates a legally binding promise is a matter to to be discerned primarily from the language used. The simple fact that the words ‘letter of comfort’ have been used, while evidently relevant, may not conclusively prevent the agreement rom having legal implications. There is a lot of uncertainty in this area as in seen in the case of Wilson Smithett Cape (Sugar) Ltd V Bangladesh Sugar and Food Industries Corporation. A letter of intent, in contrast to a comfort letter, is one in which a person or company seeks to induce another entity to undertake work to incur expenditure, while denying or limiting liability to that other ent ity, often by insisting that liability turned on concluding a formal contract at a later date. In AC Controls Ltd V BBC, the court summarised the principals in relation to letters on intent. The general principal on letters of intent that seek to authorise work, materials or services pending the conclusion of a later contract is that such letters will be viewed as contracts in themselves as long as objective is present. In ERDC Group Ltd V Brunel University, the Court held that the work done prior to September had all been on the authority as set out in the series of Letters of Intent. The judge thought that the usual requirements for a contract were all there (intention to create a legal relationship, certainty, etc) and had all been there until 1 September. He therefore found that there had been a contract until then. Accordingly, ERDC was to be paid on the basis specified in the letters – the JCT rules. Conclusion It is contended that the requirement of intention to create legal intentions largely makes sense. Social and domestic agreements have the presumption as not having intention to create legal relations as there is a belief that such formalities are not required in this type of relationship. Enright notes that there are two reasons why this is employed. Firstly, if the rule were that social and domestic agreements were always legally binding, the courts might be flooded with petty disputes and the second is because it is felt that people should have the freedom to make certain types of private, personal agreements without drawing the interference of the law into their lives. It is also understood that Commercial Agreements are correct as they do have the intention to create legal relations as there is the acceptance that such formalities should be required in this type of relationship. The ways to rebut this assumption also makes sense as it can be rebutted if the essential terms of the contract are vague or if the party seeking to deny it can prove that there was no intention. Enright notes the burden of proof is on the party seeking to deny it and that burden according to Edwards V Skyways, is a heavy one. How to cite Contract Law – Intention to Oontract, Essays

Importance of Human Services

Question: Discuss about theImportance of Human Services. Answer: Introduction Human services can be seen as the opportunity for social change or a mean of maintains social orders. Human services can be described as the study, analysis, or constantly review of the social science. This is the separate body of knowledge in the discipline of social science. The human services can be defined as the study of the all human system, social innovations, and service technology which is designed to improve the lives of people and society so that they can be able to live with better condition. According to different schools of thoughts on this subject, human services and social work promote change in the society. Along with this, human services empower the people because human rights and social justice are the core values on which people are dependent. Sometimes, human services can be used to gain social control. According to sociologists, social control is very important part of human service activity so, it can be said that social control is expected in social services (Chenoweth McAuliffe, 2014). Personal Values My personal values are based on the philosophy of socialism. According to my beliefs, there should be activities having the purpose to empowered people. The activities should be such that connect the people to the society, to improve the lives of human being in the society. According to my point of view, in present time human services is the tool of the social control rather than the improvement and development in the lives of the people of the society. Now it is the tendency of profit maximizing rather than serving to the people in the society (Fawcett, Goodwin, Meagher Phillips, 2010). Todays world is based on the perception where realistic things are created and destroyed every day. In present time, nothing is realistic. There are many human services organizations who take many dollars for the welfare of the society but they are basically focusing on profit maximization. They focus in increasing the brand image of their organization in the market. There is one book named The Shoc k Doctrine written by Naomi Klein which shows that sometimes the human services organization use the people when they are emotionally and physically weak. They drain out the people at that time as they help them on the name of human services (Johnson, 2009). Actually the human service companies use and take advantage of the poor conditions of the people and make money for own. Along with this, they make the people dependent on them. Sometimes, the disasters can be beneficial for such organizations that make money on the basis of human services. Having socialistic values, there should be such activities in the society in all the organizations who really want to do work for the welfare of the people in the society (Moffat, 2011). There should be discipline and work in the organizations for making the lives of people better. The aim should be to diver the focus of the people towards such organizations who genuinely want to do work for the lives of people. So, the organization should be concerned for the welfare of the people rather than making money and profits. That is the reason; I think that there is the need of mechanism to maintain the social order in the society (Jamrozik, 2009). Dominant Ideology There are the principles of human and social justice and human rights that should be available in the heart of those people who are involved in the human services. There should not be motivation related to maximization of profit and taking advantage of the people. There is the need of transparent participation between the players who are involved in the human services because human services will be able to improve the condition of the society when there will be trust among the people (OConnor, Wilson Setterlund, 2006). To make human service effective and trustworthy among the people in the society, the transparency of the organizations and the needed people is very important. According to an author Adam Jamrozik, there should be two-tiered welfare system to address the issues of human services in the society. People live in free market society and there can various issues related to human services. So, according to him, there should be step by step methods. He suggested a method hav ing proper step to make human services effective. By the proper methods, the human services can be more effective and efficient in the economic system (Donaldson, 2007). So, there should be equal participation of private organizations along with the government organizations in the operations of human services. There should be discipline in the human services to make difference in the lives of the needed people in the society. By the proper methods and the reform activities, human services can be able to serve the people in the true sense (Desmond Stahl, 2011). Conclusion From all the above discussions and based on the personal values, it has been analyzed that, human services and social work promote change in the society but it should be done in the proper manner. From the above stated line that Human services can be seen as the opportunity for social change or a mean of maintains social orders, is true but the human services should be done in the proper manner. There should be discipline and work in the organizations for making the lives of people better. The aim should be to diver the focus of the people towards such organizations who genuinely want to do work for the lives of people. Based on the personal value, I feel that the activities of human services should be such that connect the people to the society, to improve the lives of human being in the society. By the proper methods, the human services can be more effective and efficient in the economic system and there should not be motivation related to maximization of profit and taking advantag e of the people. References Chenoweth, L. McAuliffe, D., (2014), The Road to Social Work Human Service Practice, South Melbourne: Cengage Learning Australia Desmond, K. J., Stahl, S. A., (2011), Implementing service learning into human service education: Journal of Human Services, 31(1), 5-16 Donaldson, L. P., (2007), Advocacy by nonprofit human service agencies: Journal of Community Practice, 15(3), 139-158 Fawcett, B., Goodwin, S., Meagher, G. Phillips, R., (2010), Social Policy for Social Change Palgrave Macmillan, South Yarra Jamrozik, A., (2009), Social Policy in the Post-Welfare State, Australian Society in the 21st Century,(2nd), AUS: NSW Pearson Education Johnson, G. E., (2009), Communicating the changing human service landscape: Policy Practice, 67, 34-36 Moffat, C. T., (2011), Helping those in need: Human service workers. Occupational Outlook Quarterly, 55(3), 22-32 OConnor, I., Wilson, J. Setterlund, D., (2006), Social work and welfare practice, UK: Sage publication,

The Defination and Example of Approaches to Social Responsibility Essay Example

The Defination and Example of Approaches to Social Responsibility Essay A company that takes an obstructive stance toward social responsibility attempts to defend its economic priorities by blocking any attempts to point out the companys lack of social responsibility. An obstructive company does not make social responsibility an effort, instead making profits the most important aspect of its business. Some people view obstructive businesses as immoral since they may exploit their employees, pollute natural lands or deceive customers. (Breann Kanobi, eHow Contributor) Example~ IBP, a leading meat-processing firm, has a long ( and undistinguished ) record of breaking environmental protection, labor, and food processing laws and then trying to cover up its offenses. Enron would fall into this category as well. (Portter,Michael E) Defensive Stance In most cases, companies that take a defensive stance towards social responsibility are not particularly responsible. These companies may consider themselves neutral, and they make profits a more important motive than performing actions in a socially responsible way. These companies make a point of following the law to ensure that others cannot take legal action against them. For example, a company may create more waste than necessary, but it will remove of the waste in a legal method rather than dumping it illegally. (Breann Kanobi, eHow Contributor) Example~ Tobacco companies generally take his position in their marketing efforts. In the United States, they are legally required to include warnings to smokers on their products and to limit advertising to prescribed media. We will write a custom essay sample on The Defination and Example of Approaches to Social Responsibility specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Defination and Example of Approaches to Social Responsibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Defination and Example of Approaches to Social Responsibility specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Domestically, they follow these rules to the letter of the law but use more aggresive marketing methods in countries that have no such rules. In many Asian and African countries, cigarettes are heavily promoted, contain higher levels of tar and nicotine than those sold in the Unites States, and carry few or no health warning labels. Firms that take this position are also unlikely to cover up wrongdoing, will generally admit yo mistakes, and will take appropriate corrective actions. (Portter,Michael E) Accommodative Stance An accommodating stance signifies that a company believes social responsibility is important and perhaps as important as making a profit. These companies satisfy all legal requirements and attempt to meet ethical standards. An accommodating company does not attempt to hide its actions and remains open about why it takes specific actions. For example, it may decrease its creation of waste, source products that are not tested on animals and pay its employees a fair wage. The company would keep its records open to the public. Though these companies are often socially responsible, they may change their policies in response to criticism. (Breann Kanobi, eHow Contributor) Example~ Both Shell and IBM, for example, will match contributions made by their employees to selected charitable causes. Many organizations respond to requests for donations to Little League, Girl Scouts, youth soccer programs, and so forth. The point is, however, do not necessarily or proactively seek avenues for contributing. (Portter,Michael E) Proactive Stance Like an accommodating company, a proactive company makes social responsibility a priority. Instead of reacting to criticism, a proactive company attempts to remain ahead of the curve when it comes to social responsibility. It may make ethics part of its mission statement and attempt to avoid any harm to the environment or its employees. A proactive company may go out of its way to institute new recycling programs, give all of its employees a living wage and benefits, and donate a portion of its profits to charity. (Breann Kanobi, eHow Contributor) Example~ The Toro Company, Exmark Manufacturing and Dixon Industries Inc. ollectively recalled 62,000 faulty commercial riding mowers. These companies worked directly with their dealers, distributors and customers during the recall campaign to proactively fix or replace the affected units already on the market. Nike is another example of a company that took a proactive stance, responding to criticisms about the labor conditions in the company? s supply chain. Kingfisher, a company that owns the British chain BQ, has successfully implemented a proactive stance on waste reduction, chemicals and green issues. (Brian Bass, Demand Media)

The role of tradition in shaping the personality essay

The role of tradition in shaping the personality essay The role of tradition in shaping the personality essay The role of tradition in shaping the personality essayMany adults become upset when young people break with traditions of the past. Do you think that these adults are justified in reacting this way? Why or why not? Support your position with evidence from your own experience or the experiences of people you know.It is common knowledge that each nation, each ethnic group, and each family has its own traditions and customs. Obviously, traditions and customs are important as they unite generations through time. What is more, they unite people who are far away from each other, but share the same values and the same memory. Today, however, it is rather difficult to make youth keep to the traditions of their ancestors. The rest of the society may really worry because their spiritual heritage is nevermore valued and passed to the next generations. Certain rituals and ceremonies, memorial dates and events are of great importance for them, and they wish their children as well as grandchildren respect those traditions.Those who pay great attention to traditions are right because it is their history, and knowing and respecting history is a precondition for better future. Still, young people can be justified as well. On the one hand, it is not difficult to congratulate the nearest and dearest by means of a greeting card or to visit your parents on holidays. On the other hand, in today fast-moving world there is often no time left for sentiments. Business and other activities rapidly devour young people, and while growing, young people work out their own prerogatives, which often come into the conflict with those of adults.For example, there is a well-known tradition to celebrate a wedding in a certain way, according to your culture. Today, more and more people prefer to break this tradition for a number of reasons. Some of them prefer civil marriage and never marry at all. For them, the traditions of the past are just a prejudice. Nevertheless, it is necessary to admit tha t traditions are significant in building up your identity wherever you are.

Target Market Strategy Essay Example | Topics and Well Written Essays - 1000 words - 1

Target Market Strategy - Essay Example It’s truly going to be computerized shoes or slippers in everyone’s foots. The microcomputer chips attached to these shoes or slippers can automatically measure one’s walk-distances, count his footsteps, measure his blood-pressure in foots, compute the speed of a sportsman etc. E-Walker will attract indoor players like badminton and tennis because it can electronically track one's footsteps and outdoor players like cricket and football due to that it can help players boost up their sports-ability through the digitized system it has been attached with.E-Walker would offer its products to both sports and footwear suppliers. Sports shoes and other shoes and slippers will be designed and developed differently, and therefore, it will be more economical for the company to use different supply chains to market them. Sports shoes will be supplied to sports suppliers. Other shoes and slippers will be supplied to general footwear suppliers. STP strategy to enter the market s and barrier to itSegmentation strategy of E-WalkerAs Bygrave and Zacharakis (2010, p.170) noted, segmentation is a company's basic marketing dimension for setting the strategic framework and is the key to marketing process of identifying the right customers of the company as well. For effective marketing, it should segment its market by breaking down the total market into sub-groups like geographical, demographic, psychographic and behavioral etc (Lancaster and Reynolds, 2001, p. 68).

Problem Solution and Management Plan Essay Example | Topics and Well Written Essays - 1000 words

Problem Solution and Management Plan - Essay Example It requires an excellent management and leadership skills in the managers concerned with the given project. The manager needs to have persistence, optimism, listening skills, and the ability to wok collaboratively towards the objectives (Queensland Government, 2007). After the identification of the problem, it is necessary to consider the possible solutions to the problem. All the solutions are examined and the probable consequences evaluated against the objectives of the organization carrying out the project. It is also appropriate to consider the ease with which a particular solution can be implemented. A course of action that is easy to implement and has the maximum likely positive consequences suffices to provide a solution to the problem. 2. The solution to the problem Developing a solution to the stated problem requires effective managerial and decision-making skills through a scientific method (Creative Problem Solving, 2011, para.2). Three solutions were identified to address the issue that arose in carrying out the reservoir construction project. Developing an appropriate solution consists in evaluating the possible results of each of the solution if adopted. It is appropriate to consider the financial impacts of each of the solution, the legal obligations, as well as how the solution relates to the organizational values, policies, and objectives. The manager has to understand the ‘environment in which the solution and to work and the organizational constraints imposed upon it’ (Vandenbosch, 2003, p.7). One identified option was to hire an engineering firm that would deal with the breakdown of the granite rock that would impede the construction of the reservoir. The contractor did not consider this part of the contract, as it would call for additional expenses in terms of labor and time. Now, subcontracting a separate engineering firm would be appropriate since such firms have demonstrated capacity and competence to perform such tasks. How ever, this option would call for a relatively higher additional cost. Besides, there will be a need to advertise for the subcontract and recruit the best firm. The other option was to do away with this contractor, cancel, and re-advertise the contract. This is equally expensive. The whole cost that has been incurred in the advertisement and in the selection of this contractor will be lost since the process has to be repeated. It would also show lack of ethical consideration that is contrary to the organizational values and culture that the needs of different stakeholders need to be considered in designing the operational plans. Besides, it has also been observed that this contractor is among the best that had applied for the job. Losing the contractor would compromise the project to the disadvantage of the beneficiaries. Moreover, it is also likely that the next contractor will raise the same issue and the problem will continue in a cycle. The other contractors might also doubt the credibility of the management of this organization giving the management a negative image. This would have negative impacts on contracting for future projects. The other option was to amend the contract to include basting of the granite rocks, in the event that the contractor is capable of performing the task. The contractor has indicated that he has the capacity to perform the task. This option would be cost-effective as compared to the first option of hiring an engineering fir

Answer the questions based on ford company Essay

Answer the questions based on ford company - Essay Example a. Among all the functional divisions of Ford, the operations division has been facing a burning issue of meeting the order demands of customers. Due to high customer demands, the company is facing a problem of production incapacity. High demand for car models, like Focus and Fusion, has increased rapidly since 2006. Aside from production incapacity, the company has also been in short supply of production workers that will aid in the manufacture of cars (Nair), which concerns the human and resource division of the company. i. The two functional areas to be discussed further below are operations and human resources. 1. For 2014 the essential goal for operations is to meet the high demand of customers while human resources aim to employ 12,000 people to its production area. 2. To fulfill the operations’ goal of meeting the high demand for cars in the market, it needs to invest more in procuring physical resources like machines and equipment to make the production of cars more fa ster. It needs to add more production lines in its factories and rent more space to shelter all additional equipment and production lines that can no longer fit in the usual factories of the company. More people have to be employed, as well in order to operate all these new machines and work in new production lines to produce more cars in the market. Most importantly, the company has to invest more capital to have all these recommendations to be fully realized. On the other hand, the human resources’ goals of employing more workers need financial resources to materialize its activities in hiring more jobs in the company. To disseminate this job hiring information to qualified individuals, the human resource division has to use physical resources like information technology, in posting jobs online and use other means like newspapers and television. 3. The success of the operational strategy can be measured in a way wherein at the year end of 2014, the company has increased its productivity and revenues. If more cars are sold in the market, it means that more cars are produced in the market to meet its high demand. It can also be determined through the number of output produced periodically. If there is an increase in output produced then it implies that the company has been at level with the demand in the market. On the other hand, the realization of the human resource management strategy can be measured through the increase in the number of employees hired. 2. On Strategy Implementation A way refers to any method or manner of performing anything (â€Å"Way†). Winning is title of the book on management, which Jack Welch, former Chief Executive Officer of General electric (GE) published, and co-written with Suzy Welch in 2005 (â€Å"About the Book†). A good strategy pertains to an effective action plan developed to attain a long-term goal (Rumelt 1). a. Jack Welch, has build the reputation of Six Sigma as an effective business strategy in im proving the operations of a company (Eckes 15). To someone like Welch, Six Sigma means an improvement tool that helps a company gain competitive advantage by continuously looking for ways in improving existing processes. He also believes that Six Sigma can aid the company gain operational efficiency, high productivity, and minimize costs. He notes that this tool is associated with quality improvement, which increases customer

Research on Mental States of Non-Human Animals

Research on Mental States of Non-Human Animals To what extent does research support the claim that non-human animals, particular chimpanzees, have human-like understanding of mental states? In the last three decades, cognitive approaches to the study of animal behaviour have attracted increasing research attention. Much of this interest has concentrated on social cognition and whether animals understand the mental states of others in the same way humans do. In an attempt to address this question research has predominately focused on non-human primates (hereafter primates), especially chimpanzees. This popularity is probably owing to chimpanzees’ evolutionary relatedness to humans, which is the closest of all the primate species and therefore increases the likelihood that they might share human cognitive abilities. Human mental states are a suite of cognitive abilities which allow us to understand others’ psychological states. One example is theory of mind (ToM) which is the ability to understand that other individuals have beliefs and that such beliefs can be different from your own. This is illustrated by the ‘Smarties Test’ in which an individual is shown a tube of smarties and asked what they think is inside the tube, they correctly infer ‘smarties’ however when the tube is opened it is revealed that the tube contains only pencils. The individual is then asked what another naà ¯ve person would answer if given the same test. If the individual has a ToM they should understand that the naà ¯ve individual will have a false belief about the tube’s contents and therefore answer in the same way, i.e., smarties. Research shows that children under the age of 4 years have not fully developed a ToM and invariably fail the smarties test whereas children above t his age pass the test. Experiments conducted on primates have shown little evidence that they have a ToM. For example, Call and Tomasello (1999) tested chimpanzees, orangutans and children with a non-verbal false belief task. The task involved a series of finding games in which a reward was hidden in one of two identical containers by an adult (the hider), and another adult, who had witnessed the hiding process (the communicator), placed a token on the baited container which acted as a marker to indicate to the subject where the food was hidden. The subjects learnt to use the marker to locate the reward and ignore the marker when they knew it to be incorrect (during visible displacement trials). In the crucial false belief trials, the communicator watched the baiting of the container and then left the area and during the communicator’s absence the hider swapped the location of the containers. When the communicator returned she placed the marker on the container in the location she had seen the rewar d being hidden, which was incorrect, and therefore the communicator had a false belief about where the reward was hidden. To show an understanding of this belief the subjects would have to choose the container which the communicator did not place the marker on. The results showed that children chose the correct location of the reward demonstrating their understanding of the communicator’s false belief whereas none of the apes succeeded in choosing the correct location demonstrating their lack of false belief understanding. Other studies have also failed to find evidence of ToM in primates (for review see Povinelli 2004) and many now think that language is needed for the development of ToM which seems to have led researchers away from studying ToM in primates and other species of animals. Another mental state that has received much research attention is intentionally. Intentionally can be defined as understanding the behaviours of other as intentional, goal directed activities. The first study to address this issue was conducted by Premack and Woodruff (1978). They presented Sarah with videotaped sequences of a human actor in several problem-solving situations that were familiar to Sarah. For example, the actor was depicted looking up toward an out-of-reach banana hanging from the ceiling, or attempting to operate a hose that was unattached to a tap. After Sarah had viewed each problem, she was shown a pair of photographs, one of which depicted the solution to the problem. For instance, in the out-of-reach banana situation, the solution consisted of the actor moving a box under the banana. Overall, Sarah performed well on these tasks from the beginning but Savage-Rumbaugh et al (1978) pointed out that Sarah might have been choosing alternatives based on the simple ass ociations among objects formed from her experiences with caretakers and their behaviour with test items, such hoses and taps. Savage-Rumbaugh et al (1978) analysed each item Sarah was presented with and found that, overall, items for which such associative procedures were most straightforward were the ones on which Sarah performed best. In addition, Savage-Rumbaugh et al (1978) presented two language-trained chimpanzees with a matching-to-sample task in which the chimpanzees were shown, for example, a picture of a key and asked to select between pictures of a box and a padlock. Both chimpanzees performed well above chance in this task and selected the correct alternative in the majority of trials. These results therefore provided an alternative explanation to that of understanding of intention in others. Other research on chimpanzees’ understanding of intentions has produced mixed results. Povinelli et al (1998), for example, tested six chimpanzees who could choose to point to one of two caretakers to provide them with a cup of juice. However, prior to the choice the apes had experience of the caretakers’ behaviour in which one caretaker would accidentally drop the drink on the floor and the other would purposely empty the cup of juice on the floor. The authors reasoned that an understanding of the intentionally of the caretakers would result in the apes choosing the caretaker to provide them with juice who had previously acted with good intention but accidentally spilled the drink. The results showed that the apes made no preference for the ‘clumsy’ caretaker indicating that the apes were unable to understand the experimenters’ intentions. However, Call and Tomasello (2004) argue that there was no motivation to choose between the two caretakers beca use whomever they chose they would receive no juice. This possibility can be tested by repeating the experiment and allowing the caretakers to sometimes drop or purposely spill the drink on some trials but not on others. This would allow the apes to receive juice in some of the trials e.g., 50%, and therefore raise the apes’ motivation whilst maintaining the essence of the experiment. In contrast to the Povinelli et al’s (1998) study, Call et al (2004) found evidence that chimpanzees do show understanding of intentional behaviour in humans. The authors conducted an ‘unwilling’ and ‘unable’ test in which an experimenter would feed an ape a grape through a hole in the Plexiglas window. On some trials the ape would not receive the grape from the experimenter who in one condition would accidentally drop the grape and in a second condition would tease the ape by repeatedly pulling the grape back from the hole. When the apes’ behaviour was analysed it was found that they behaved differently in the two conditions. When the grapes were accidentally dropped the ape remained in the room longer than when the experimenter teased the ape. Moreover, during the teasing condition the apes often showed frustrated behaviour, such as spitting and punching the plexi-glass panel. The authors suggest this demonstrates the apes’ understandi ng of the experimenter’s intentions of being unable to give the grape in one condition and unwilling to give the grape in the other condition. However, it would be interesting to know exactly how the teasing behaviour was executed by the experimenter. For example, if the experimenter used loud vocalisations in the teasing condition but not in the clumsy condition it is possible the apes were just reacting to this rather than the experimenter’s intention. Knowing what others can see is another mental state humans possess and one that chimpanzees have shown evidence in possessing. For example, Hare et al (2001) used a competitive paradigm to test whether a subordinate chimpanzee would take into account how a dominant rival would behave depending if the rival had seen food being baited behind a barrier. The two chimpanzees faced each other across an ape enclosure which had one barrier in the middle of the enclosure. An experimenter hid one piece behind the barrier (on the subordinate’s side) and one piece in the open. In some conditions the dominant saw the reward being placed behind the barrier and in other conditions did not see the food being placed there. After the baiting procedure the subordinate and dominant were then allowed access to rewards. When the subordinate had observed that the dominant had not seen the food being hidden behind the barrier the subordinate would approach the food behind the barrier leaving the domi nant to retrieve the reward that was out in the open. However, when the dominant had seen the food placed behind the barrier the subordinate showed no preference for the food behind the barrier. In a follow-up study Hare et al (2001) extended these findings by repeating the experiment but in some conditions the dominant was switched (after seeing the food being hidden) with another dominant who had not seen the food being hidden. The results showed that the subordinate approached the reward placed behind the barrier more often when the dominant had been switched with the naà ¯ve dominant and the authors suggest that this demonstrates chimpanzees can predict who had seen what. In addition, a control condition ruled out the possibility that the subordinate was acting on simple rules such as preferring food lying close to the barriers. For example, when the opaque barrier was replaced by a transparent barrier, so that the dominant would see the reward even when he had not seen the foo d being placed there, the subordinate’s preference for the food behind the barrier disappeared. Although the above two studies seem to show that chimpanzees understand what others see, several researchers suggest that chimpanzees are using simpler mechanisms to solve the task. Karin-D’Arcy and Povinelli (2002), for example, argue that subordinate chimpanzees might simple prefer food that is next to barriers as this provides some safety from attack by the dominant. The authors repeated Hare et al’s 2002 study and found that subordinate chimpanzees preferred food next to the barrier even when both chimpanzees could see both pieces of food (the barrier was positioned vertically in relation to both chimpanzees). In addition, Povinelli and Vonk (2003) argue that even if the chimpanzees did not have a preference per se for the barriers in Hare et al’s 2002 studies the chimpanzees can understand which food the dominant will be likely to go for without evoking any mental states. For example, behavioural abstraction taken from previous experiences of similar interac tions can be used to predict the dominant’s behaviour. This can occur if the subordinate understands that when the dominant is facing the food the dominant will go towards that food, so use the rule ‘don not go for the food if the dominant is orientated toward the food’. Povinelli and Vonk (2003) further argue that experiments testing mental states in animals will only be of value if the possibility of behavioural abstraction is removed from the experimental equation. The authors therefore advocate that mental attribution can only be tested in chimpanzees and other animals by showing evidence of an individual extrapolating its own experiences to the mental states of others, a theory first put forward by Heyes (1998). Povinelli and Vonk (2003) suggest the following as a suitable experiment to address Heyes’ (1998) idea. First, allow an ape to interact with two buckets, one red and one black. The red bucket is placed over the ape’s head and the ape ca n clearly see its surroundings through the bucket, however when the black bucket is placed over the ape’s head he can see nothing. Now if the ape is confronted with two experimenters, one wearing the black bucket over her head and the other the red bucket over her head, and the ape begs for food only from the experimenter wearing the red bucket then it is likely that the ape is using mental attribution as the only experience the ape has had of the buckets is through its own experience. Povinelli and Vonk (2003) argue that experiments of this nature can provide evidence of mental states and rule out alternative interpretations such as behavioural abstractions. Conclusion The mental states of humans include a suite of cognitive functions which allow us to understand others’ knowledge and beliefs such as theory of mind and intentionally. Many argue that only humans have these types of mental states and other animals use lower cognitive functions based on learning and experience, such as behavioural abstractions. However, there is increasing evidence that other animals, especially chimpanzees, might also have human-like mental states, such as understanding intentions and understanding the relationship between seeing and knowing. One major caveat, however, is, to date, the most convincing research on chimpanzees’ mental states can not distinguish if the chimpanzees’ actions are based on human-like mental states or based on mechanisms not involving mental attribution such as behavioural abstractions. What is therefore needed is further research which can distinguish between these two possibilities and therefore increase our understand ing of the psychological abilities of chimpanzees and other animals. References Call, J., Tomasello, M.(1999) A nonverbal theory of mind test. The performance of children and apes. Child Development, 70, 381-395 Call, J., Hare, B., Carpenter, M., Tomasello (2004) Unwilling or unable: Chimapnzees’ understanding of human intentional action. Developmental Science, 7, 488-498 Hare,B., Call, J., Agnetta, B., Tomasello, M.(2000) Chimpanzees know what conspecifics do and do not see. Animal Behaviour, 59, 771-785. Hare,B., Call, J., Tomasello, M.(2001). Do chimpanzees know what conspecifics know? Animal Behaviour, 61, 139-151. Heyes,CM (1998). Theory of mind in nonhuman primates. Behavioural and Brain Sciences, 21, 101-148. Povinelli, D.J., Perilloux, H.K., Reaux, J.E. Bierschwale, D.T. (1998) Young and Juvenile chimpanzees reactions to intentional versus accidental and inadvertent actions. Behavioural Processes, 42, 205-218 Povinelli, D.J. (2004) Behind the ape’s appearance: escaping anthropocentrism in the study of other minds. Dadalus 29-41 Povinelli, D. J., Giambrone, S. (2001). Reasoning about beliefs: A human specialization? Child Development, 72, 691-695. Povinelli, D.J. Vonk, J. (2003) Chimpanzees minds: Suspiciously human? Trends in Cognitive Sciences, 7, 157-160. Povinelli, D.J. Vonk, J. (2004). We dont need a microscope to explore the chimpanzee mind. Mind and Language, 19, 1-28. Tomasello, M., Call, J., and Hare, B. (2003b). Chimpanzees understand psychological states- the question is which ones and to what extent. Trends in Cognitive Sciences, 7, 153-156. Savage-Rumbaugh, E.S., Rumbaugh, D.M., Boysen, S.T. (1978). Sarahs problems in comprehension. Behavioral and Brain Sciences, 1, 555-557.