Incapacitation Term Paper Example | Topics and Well Written Essays - 500 words

Incapacitation - Term Paper Example In the cases that the criminal is not conditioned, by remaining in prison they remain unable to commit further crimes. Collective incapacitation is the implementation of crime-control effects of the present criminal justice system due to incapacitation. Collective incapacitation attempts to prevent crime by increasing the rate and length of time that a broad range of offenders spend in prison. This is done without taking into consideration possible future offenses. Selective incapacitation is an altered form of incapacitation that justifies the practice of giving more dangerous and indefatigable offenders long prison sentences, some of which can be indefinite or extend over numerous life terms. Selective incapacitation focuses more on criminals who are more likely to repeat their offenses in the future or else engage in more dangerous activity upon being released from their initial prison sentence (Auerhahn, 2003). Selective incapacitation is sometimes used on people who are less likely to commit further offenses, ensuring that their one sentence is going to be enough to rehabilitate them. Though collective and selective incapacitation both deal with the implementation of prison time to enable criminal offenders to avoid future offenses, there are differences between the two concepts. The greatest difference between collective and selective incapacitation is the purpose. Collective incapacitation is used for criminal defenders as a whole, though focuses especially on offenders that are not believed to commit further offenses in the future. Selective incapacitation is more picky, focusing on criminals that are at risk for being repeat offenders, or criminals that have no chance at repeating their mistakes after being imprisoned. The effect of incapacitation varies from criminal to criminal (Hawkins & Zimring, 1997). The majority of criminals that

Tanglewood casebook Essay Example for Free

Tanglewood casebook Essay The store associate position is one that mainly deals with assisting customers, be it to find certain products, deal with issues, or to just make their experience a pleasant one while dealing with the daily operations of the store. The open method to recruiting means that we are casting a wide net to catch any applicants that we can and see what we get. It’s possible that we may get exactly what we are looking for, but it’s possible that it may just be wasted resources. I recommend the targeted method to recruitment, which means that we are going to go for a specific group of people with specific KSAOs. By using the targeted method we will address some of the staffs concerns about hiring new store associates. The first concern was to reduce turnover; by casting a smaller net, but getting more qualified individuals we may eliminate some of the turnover. This will also help with the lag time, which was the second issue, in that there will be less applicants to sift through, thus letting us get to the more qualified candidates more quickly. This will help us target the applicants we want, which were college to middle age individuals with at least a high school diploma, preferably some college course work, with retail and customer service experience. By getting employees that already have customer service experience, they will already know what they are getting themselves into and what the expectation may be. Hopefully this will also help to acquire people who fit into the culture and are looking for a career and not just a job. By using online applications with specific requirements we will better be able to target these applicants. The same goes for staffing agencies, though costly, we will more effectively acquire qualified individuals. Employee referrals may be a good way to keep up employee relations and morale, but it may not lead to the type of individuals we need. The same goes for open applications. 3) In Western Washington, the highest one year retention rate compared to the amount of applicants hired was by job service agency, followed by employee referrals. This seemed to be effective for them, because the most qualified individuals fell into the referral category, however the total cost was significantly higher for employee referrals at this site, though after a year of survival ended up being the most cost effective method of hiring. In Eastern Washington, the referral method came out the most effective as far as retention rates went, followed by the kiosk method. Following the same trend as the Western Washington region, these individuals seemed to be the most qualified. Again similar to the previous region it also was the most expensive as far as total cost went, but the most effective as far as cost per first year of survival. In Northern Oregon, the agency method had an extremely high retention rate after the first year of hire, followed by the kiosk method. In this region the kiosk method was the most expensive followed by hiring agencies. The hiring agency was the most effective after the first year of hire. In Southern Oregon, a similar trend happens compared to Northern Oregon. The agency method has a the highest post one year retention rate, followed by the referral method. And similar to Northern Oregon, it is the second most expensive as far as total cost goes, but the most effective as far as post first year hire cost is concerned. 4) It would be ineffective to follow the same hiring methods for all four regions in that in both Oregon based regions the best recruitment method seems to be agency based and in the Washington regions the referral method is most effective. If the company attempted to force all regions to have the same hiring standards they would incur higher cost, less effective recruitment methods, and would obtain less qualified individuals. 5) It has proven true for the company that cheaper is not always better, therefore getting the cheapest labor will not yield the most effective customer service. It would be beneficial to rate employee performance in accordance to high, middle, and low performers and to discuss with them how they feel they are doing in conjunction with suggestions on yielding better performance. Better performance should come with some type of reward, for example an extra vacation day, a more desirable assignment, or an annual pay increase. It also would be beneficial to employees to have additional training in customer service issues in order to prepare them for what issues they may run into. As far as the bottom line hiring requirements go, at least a year of customer service related experience should be required for employment. As previously stated this will ensure that these new candidates will know what to expect from their job, and what expectations an employer would have of them. (Please refer to question 2 for how managerial concerns will be addressed.) 6) The targeted method would be aiming at a specific group of candidates. They may say that they are searching for a candidate with some completed college coursework and customer service experience looking to work as a store associate at Tanglewood. It also should state that if the associate seems promising they may be put on the fast track to management if they desire. The realistic method gives a real view of what the job would entail. It may say something like dealing with day to day store issues including customer complaints. It gives an employee a real look as to what they may be doing, but some argue that it may turn away good potential candidates before they actually have the opportunity to experience both the good and the bad. The branded recruitment strategy is searching for a candidate that will fit into your brand. They may say looking for a self starting individual who wants to be part of not just a company, but a family. By doing this employees feel a tie to the company’s brand and want to work for the company and not just the job. Work Cited Heneman III, Herbert G., Judge, Timothy A., and Kammemeyer-Mueller, John D. Staffing Organizations: 7th Edition. Middleton: Mendota House, 2012. Print. Kammemeyer-Mueller, John. Tanglewood Casebook for use with Staffing Organizations: 7th Edition. Middleton: Mendota House, 2012. Print.

Conflict In Death Of A Salesman English Literature Essay

Conflict In Death Of A Salesman English Literature Essay Conflict is an essential element in all pieces of literature. In Arthur Millers Death of a Salesman, every character in the play deals with conflict at one point or another. However, Willy Loman is confronted with a large amount of conflicts throughout the play. None of Willys conflicts, Willy versus Biff, Willy versus himself, and Willy versus society, are resolved by the end of the play. Willy faces a father-son conflict with Biff throughout the play. When Biff returns home, Willy senses it as a failure. He returns home to find out who he is. Willy desperately wants Biff to succeed in every way possible. However, Willy and Biff have conflicting views of what the American Dream is. Willy believes that selling is the greatest job a man can have. On the contrary, Biff feels that the best job a man can have is working outdoors with his hands. When these two dreams collide, Willy becomes frustrated because he believes he is correct and his way is the only way. This contrast between their beliefs builds up throughout the play up to their final argument near the close of Act II. Biff is the only Loman that is able to see past Willys illusions about life. Will you take that phony dream and burn it before something happens? (133) He is the only one able to see reality. Willy is in a dream world where he believes he is on the verge of success whereas Biff is able to see the ha rsh reality and recognizes that both he and his father are failures. Young Biff had the same beliefs and views as his father, but after discovering his fathers infidelity, these beliefs changed. He realized he didnt want to become like his father and changed his beliefs. By the end of the play, Willys conflict is not resolved. He had all the wrong dreams. (138) Willy and Biffs beliefs are still opposite of each others. Although Biff has found out who he is, it is not the person his father had hoped for. He is not the leader of men and successful salesman his father wanted him to be, he is an ordinary man who plans to go out West. As Willy faced continuing conflict with his son, he also endured conflicts with himself. Willy faces conflicts with his inner self throughout the play. Willy refuses to accept who he is and his self pride is too important to him. Willy Loman refuses to admit that he is an ordinary man. He must be the successful American businessman that is a leader among men. He is in a dream world where he is on the verge of success. Throughout the play, he is at odds with who he perceives himself to be and who he is in reality. He seems to ignore the talent and appreciation he has for carpentry. He believes that if he purses carpentry, he would be beneath himself. Willy struggles with the fact that he will never be able to achieve his perception of who he wants to be. This conflict goes on until his death. He continues to believe he can be on top of the world, but in reality, he is a normal human being. Willy has a strong sense of self pride in him, one that may be too strong. He is afraid to show a lack of it to Charley or his family. When Willy meets Charley at his office in Act II, he offers him a job to help him. However, Willy is too proud of himself and will not work for Charley. He still believes he can survive without Charleys job offer. He doesnt understand that reality that he is a failure. He also considers himself superior to Charley. He believes Charley is not well-liked and is not the ideal character one should be. He knows that accepting a job offer from someone below him would be an insult to his self pride. Willy is also afraid to admit he is done and can not survive anymore to his family. I cant throw myself on my sons. (84) He is also afraid to show any weakness to his sons. Willy dies a man extremely proud of himself. However, he still has not faced the reality of who he truly is. He did not admit he needed help like an ordinary man would, a man just like him. As Willys conflict with himself grew, so did his conflict with his society. Willy is in conflict with society like the majority of American men in the last century. Willy struggles with his selling as he ages. The young Willy was able to make sales easily, but now he is older, and has more difficulty selling. Willy is constantly trying to find the key to success in selling. He constantly worries about other peoples perception of him and blames his lack of success on his physical traits such as his weight and clothing. Willy believes these are the reasons why he has difficulty selling, while in reality, it is the fact that he does not see himself and the world as they really are. When he first started selling, buyers may have been interested in charismatic salesman. However, as time changed, the business world looked for knowledgeable salesman to promote products. Willy is always worried about his appearance up to his death and still has difficulty understanding why he is never accepted as a talented businessman. When Willy talks to Howard about possibly stay ing in New York to sell, Willy feels like he is being thrown away by society. A man is not a piece of fruit! (82) Willy claims a man is not an orange where you eat the orange and throw away the peal. He is referring to himself when he says this. Willy has worked for this business for 34 years and after all his work for the company, he is worth nothing to it. In society, a man is often measured by his income and skills that can be used in society. However, Willy lacks both of these and society deems him as useless. Therefore, Howard fires him from a business standpoint. Willys conflict with society is not resolved. At his funeral, no one comes except for his family and Charley and Bernard. Society found him useless and threw him away. None of Willy Lomans conflicts with Biff, himself, and society are resolved by the end of the play. In his conflict with Biff, he is never able to nurture Biff into the man he wanted him to become. In his conflict with himself, he is never able to see the reality. Finally, in his conflict with society, he is a victim of Americas capitalistic and materialistic environment. However, the main cause of all his conflicts is his inability to see the reality in life. Perhaps that is why he was unable to solve any of his conflicts. However, Willy Loman was a troubled man from the beginning of the play to his death. He was much more than a man who had plenty of conflicts, he was a man who attempted to live the American Dream, but ultimately, his conflicts stopped him.

Father and Son by Bernard MacLaverty Essay example -- English Literatu

Father and Son By Bernard MacLaverty Father and Son is a story about the relationship between a widower father and his teenage son. â€Å"Father and Son† â€Å"Father and Son† is a story about the relationship between a widower father and his teenage son. They live in Belfast, in a neighbourhood with a lot of violence. At night they can hear the sound of ambulances criss-crosses the dark. Both the son and the father are scared to sleep at night, but the son will not admit his fears to his father. The father is concerned for his son’s life. They used to have a good relationship. They went fishing, talked and laughed, and the father could put his arms around his son. But two years before this story takes place the son went to London and got mixed up with drug addicts. His father had t...

Destiny, Fate, Free Will and Free Choice in Oedipus the King - Power of

The Power of Fate in Oedipus Rex (the King) The underlying theme in Oedipus Rex is that fate is more powerful than free will. On this strong basis of fate, free will doesn't even exist. This was a popular belief among the ancient Greeks.   Fate may be accepted or denied by modern society, but in Oedipus's story, fate proves inevitable. In the play, Oedipus Rex, the characters Oedipus, Iocaste and Laios try to change fate.    In the very beginning of the story, before we hear from the oracle, there is already foreshadowing of Oedipus' impending doom. He, himself, states to the people, "Sick as you are, not one is as sick as I" (Sophocles 5). This statement is almost eerie when looking back upon it. Alone, it seems as if he knows that he is ill fated, but reading on he clarifies his pain in this way:    Each of you suffers in himself alone His anguish, not another's; but my spirit Groans for the city, for myself, for you" (Sophocles 5).    His pain is not his future; it is the plague of the country. Oedipus was told by Teiresias that in his later years he would be the killer of his own father, and would marry his own mother. In his attempt to avoid this situation, he left both of his parents and traveled to a far away city called Thebes. Once there he was married to a woman, that he, himself, was positive was not his mother, for his mother was the woman that he had left back in Corinth. Also, being so far from his known home, there was no chance that he could kill his father whom he had also left behind. Oedipus thought he was safe, but he was not.    Oedipus is not the only one that tries to escape the curse. Iocaste also tried to escape the curse. She knows about it before Oedipus, himsel... ...esume on his good fortune until he find pain Life, at his death, a memory without pain (Sophocles 78).       Work Cited Sophocles.   "Oedipus Rex."   An Introduction to Literature, 11th ed.Eds. Sylvan Barnet, et al.   New York: Longman, 1997.    1. You use a lot of appositives.   Appositives are devices that rename something, "Oedipus, himself" or "Laios, the king" or "highwayman, a stranger."   The second name should be set off by commas:   "Oedipus, himself." 2. The character of Teiresias should be discussed in your conclusion since he embodies the truth about the absolute finality of fate, which is exactly what the other three characters failed to see. 3. Your paper should be organized so that each point, or each character is discussed in a separate paragraph and you stick to that character until you have fully discussed him or her.   

Discipline in School and at Home Essay

Sometimes, when people hear the words discipline, they picture kids gone wild. We did use gentle discipline. And in school and home have to a calm, peaceful feel to it. We also had a lot of fun. A lot of the preparatory works have to follow where discipline was concerned. We have to use to teach care of self, care of the environment, control of movement, and grace and courtesy. The sense of order, ability to concentrate, and self-discipline gained from those activities made all our later life easier. It helps our life be more polite to teachers and parents as well as to others. We believed in following God, respecting one another, being responsible, and doing our best. We can use demonstrations to show them how to treat one another and even how to respect others’ property. We learn how to treat our toys, books, and learning materials with care. We studied religion and used many character-education lessons and books. Discussions about values were common in our home. Current research demonstrates that quality relationships with adults and peers make a tremendous difference for young people. A sense of connection or belonging is an important protective factor. Students who perceive a sense of connectedness or community at school and/or home are less likely to engage in risky behaviors (smoking, using drugs, engaging in violence). They are also more likely to be successful academically. Young people who grow up in families that they perceive as both kind and firm are more likely to thrive. Positive Discipline teaches parents and teachers how to be kind and firm at the same time and how to invite a sense of connection from the youngsters they are involved with. The approach is neither permissive nor punitive. Positive Discipline is an effective way for parents, teachers and students to learn life skills and build a sense of community and connectedness based on mutually respectful relationships. Even though we didn’t follow a schedule rigidly, we have a schedule or â€Å"rhythm† for our days. More important, we have to the stability of parents and teachers who loved us and each other and spent a lot of time with us. Freedom within limits is a very important in our school and home. While freedom to follow our interests help us experience success and independence, the limits were extremely important as well. We only enjoy the amount of freedom what we could handle responsibly. PROBLEMS [pic] Some basic statistics create a picture of the problem. # More than 30% of middle school students report being victimized three or more times by peers over the course of one year. # In a survey of high school students nationwide, the Center for Disease Control found that 17. 4% of students had carried a weapon (e. g., a gun, knife, or club) on one or more days in the month preceding the survey. Male students (29. 3%) were significantly more likely than female students (6. 2%) to have carried a weapon. CDC 2001 data. 1 # The same survey showed that 6. 6% of high school students had missed one or more days of school during the 30 days preceding the survey because they felt unsafe at school or on their way to or from school. (CDC) # During the 12 months preceding the survey, 19% of high school students had seriously considered attempting suicide (14.8% had a specific plan). Female students (23. 6%) were significantly more likely than male students (14. 2%) to have considered attempting suicide. (CDC) # Nearly one half (47. 1%) of students nationwide had consumed one or more drinks of alcohol on one or more of the 30 days preceding the survey (i. e. , current alcohol use). And 30% reported episodic heavy drinking in the month prior to the survey (5 or more drinks on one or more occasions). (CDC) 1CDC Youth Surveillance data available at CDC website http://www. cdc.gov/mmwr/preview/mmwrhtml/ss5104a1. htm [pic]. HOW TO SOLVE THE PROBLEM The techniques used in Positive Discipline have been shown to have a positive impact on schools. A study of a school-wide implementation of classroom meetings in a lower income Sacramento elementary school over a four-year period showed that suspensions decreased (from 64 annually to 4 annually), vandalism decreased (from 24 episodes to 2) and the teachers reported great improvement in classroom atmosphere, behavior, attitudes and academic performance. (Platt, 1979) A study of a parent and teacher education program directed at parents and teachers of students with â€Å"maladaptive† behavior using the tools used in Positive Discipline, showed a statistically significant improvement in the behavior of the students in the program schools when compared to the control schools. (Nelsen, 1979). Smaller studies examining the impacts of specific Positive Discipline tools have also shown positive results. (Browning 2000, Potter 1999, Esquivel). At Home The young person’s sense of connectedness with his or her family is associated with positive outcomes. A national study of 12,000 adolescents showed that a sense of connectedness with their family was protective against every health risk behavior except history of pregnancy. (Resnick et. al. 1997) The questions asked of the teens in this large study included whether or not the teen felt wanted or loved by family members, whether they perceived caring by their mother or father, how many activities they engaged in with either parent in the previous week, and parental presence during different times of the day. b) At School. A young person’s sense of connectedness with school or â€Å"sense of community† in school is associated with positive social and academic outcomes. As above, there is a strong correlation with a student’s perception of being â€Å"connected† and the sense of â€Å"community† with academic and social well being. This has been examined by numerous researchers. Resnick, et. al. (1997) asked students questions such as â€Å"Do you feel that teachers treat students fairly? † â€Å"Are you close to people at your school? † â€Å"Do you feel part of your school? † He found that a sense of connectedness to school was protective against health risk behaviors. These findings are consistent with those of Goodenow (1993) who found a relationship between the students’ sense of belonging and their academic achievement and motivation. CONCLUSSION This was probably one of the most important parts of disciplinary approach. We respected our teachers and parents. Teachers and parents also respect their students and child with their opinions. As we grow older, we should be more decision-making responsibility. We felt respected and didn’t have a need to rebel because we know we would consider our responsible, well-thought-out ideas. For example, when I was in third grade or so, I had the choice of how to handle my schoolwork before a week-long trip during the school year. I decided to do two weeks-worth of work in one week, working day and evening to allow myself a week off during my trip. When there was a behavioral problem, we often used logical consequences. Even though we had a schedule, we didn’t follow the clock exactly. Our schedule is more assignment or project based. If we procrastinated in completing our work for the day, the logical consequence was that our school day lasted longer until our assignments were finished. The interventions included using class meetings, a constructivist curriculum, a focus on meaningful work and team building. In schools that successfully implemented the program the sense of community increased. More interesting perhaps was that examined individually, students with a higher sense of community were found to accept the established norms of the school, whatever those were. In longitudinal studies the researchers found that students coming from schools that had implemented the program to increase a sense of community and work for higher- level thinking, did better than their classmates from comparison schools when they arrived at middle. There is some evidence that a sense of community among staff members may be an â€Å"important precursor to the development of a sense of community among students. † (Royal and Rossi, 1997) Not surprisingly, modeling appropriate relationships among the adults seems to support students in developing appropriate interpersonal relationships. Teachers’ sense of community is also related to their job satisfaction and effectiveness. There are many, many studies (not individually cited here) that show that parental involvement is related to school success. Interestingly, when more closely examined, authoritative parenting is strongly related to parental school involvement and â€Å"academic encouragement,† both of which are associated with school success. The positive impact of â€Å"school involvement† is significantly less if the parent does not also have a â€Å"kind and firm† parenting style.

Remedies – Contracts Act 1950

REMEDIES †¢ method by which an injured party enforces a right or corrects a loss. It will depend on the nature of breach and the result will be differ between parties. The remedies available for breach of contract are: 1) RESCISSION †¢ An equitable remedy available at the discretion of the judge. It is available where a contract is voidable as a result of a vitiating factor such as misrepresentation, undue influence or duress. It will not cover damages. Car &Universal Credit v Cadwell Norris had paid ? 10 cash deposit and left another car as security and gave a cheque for ? 65 to Cadwell for Jaguar car purchased. The next day, Caldwell went to cash the cheque and discovered it was fraudulent and the car left as deposit turned out to be stolen. The court held that Mr Caldwell had successfully rescinded the contract. He had taken all steps possible to demonstrate that he no longer wished to be bound by the contract. He should not be prejudiced by the fact that his endeavours failed to locate Norris. 2) RESTITUTION †¢ It is not contractual and does not rely on plaintiff damages (quasi-contract). One party knowingly has received a benefit to which party is not entitled.An arrangement imposed by judge to rectify an occurrence of unjust enrichment. Sinclair v Brougham The society became insolvent, and the question arose how to divide up assets. By the time of the action, the only live issue was between some of the â€Å"B† shareholders and the depositors in the bank, the position of the â€Å"A† shareholders and trade creditors having been settled by agreement. The court held that the bank’s actions had been ultra vires and void, and that there was no possibility for the depositors to recover under quasi-contract. 3) DAMAGES It is a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages is to place the injured party in the position they would hav e been in had the contract been performed. †¢ Types of Damages:  There are basically four broad categories of damages: ? Compensatory (to cover direct losses and costs). ? Consequential (to cover indirect and foreseeable losses). ? Punitive (to punish and deter wrongdoing). ? Nominal (to recognize wrongdoing when no monetary loss is shown) An award of damages is subject to the application of the rules on causation, remoteness and a duty to mitigate loss. †¢ Provision : Section 74 & 75 CA Heng Hang Khim v Sineo Enterprise Sdn Bhd The court held that where the defendant failed to deliver vacant possession of a condo unit before the 36-month period as stipulated in the S&P agreement. The plaintiff was entitled to a refund of the sum paid which was compensation for loss & damage caused by breach of contract. Selva Kumar a/l Murugiah v Thiagarajah a/l Retnasamy The court held that there is no distinction between liquidated damage and penalties.In view of section 75 which prov ides that in every case the court must determine what is the reasonable compensation. Any failure to prove the damages will result in refusal to award such damages. †¢ Remoteness A claimant may only recover losses which may reasonably be considered as arising naturally from the breach or those which may reasonably be supposed to be in the contemplation of the parties at the time the contract was made. Hadley v Baxendale Due to neglect of the Defendant, the crankshaft was returned 7 days late to the plaintiff.The plaintiff unable to use the mill during this time and claimed for loss of profit. The Defendant argued that he was unaware that the mill would have to be closed during the delay and therefore the loss of profit was too remote. The court held that Hadley would have been entitled to recover lost profits from the five extra days the mill was inoperable. However, the rule should be that the damages were those fairly and reasonably considered to have arisen naturally from th e breach itself, or such as may be reasonably supposed to have been in the contemplation of both parties at the time the contract was made. Mitigation of Loss The law imposes a duty upon the person claiming damages to take all reasonable steps to reduce or mitigate their loss. If the plaintiff is able to avoid loss, damages will not be recoverable for the potential loss that the plaintiff may have suffered. Payzu v Sauders The court held that the claimant was not entitled to damages. He was given the opportunity to purchase at the discounted price but rejected this. He was under a duty to take reasonable steps to mitigate his loss. The offer was a reasonable one and one which the claimant could easily have complied with. ) SPECIFIC PERFORMANCE It is a discretionary order granted by the courts directing a person to carry out their obligations under contract. It is not generally used in breach of contract actions unless damages prove to be inadequate. When the court cannot supervise t he implementation of contract, it will not generally grant specific performance. Ryan v Mutual Tontine Westminster Chamber Association The lessor agreed to provide porter who would be ‘constantly in attendance’ but the porter also works as a chef. In his absence while working as chef, other person will perform his duties.The issue was whether tenant could seek an order of specific performance against the porter that he carries out his obligations. The court was not prepared to order specific performance because it would have had to constantly supervise the porter’s attendance. Lamare v Dixon The plaintiff induced the defendant to agree to take a lease of cellars by orally promising they would be made dry. The promise had no effect as a misrepresentation as it related to the future. The court refused the plaintiff specific performance since he had made no attempt to perform his promise.Cohen v Roche The court refused the specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest'. The buyer was contracting with a view to resale and for personal use. 5) INJUNCTION †¢ It is a discretionary court order. Unlike specific performance, this is a court order restraining a party from breaking their contract or from committing a wrongful act and will not be awarded if damages are an adequate remedy. An injunction may be: ? Prohibitory – preventing the breach of contract. ? Mandatory – requiring a person to perform some contractual obligation. ? Interlocutory – where it freezes the status quo between the parties until the dispute can be heard by court. Neoh Siew Eng & Anor v Too Chee Kwang (mandatory example) The landlord had cut the water supply. An injunction was granted requiring the landlord to keep all communication pipes in proper repair so that water supply to the premises would not be disconnected.Broome (Selangor) Rubber Plantations v R H Whitley (prohibitory example) An injunction was granted restraining an employee from entering into employment as a manager or assistant of any plantation in the States of Selangor and Negeri Sembilan other than the estate of his employers until the expiry of his contract of service. This is equivalent to â€Å"the specific performance by the court of that negative bargain which the parties have made†. †¢ Mareva Injunction It prevents the defendant removing or disposing any assets in the jurisdiction until the court makes decision.Mareva Compania Naviera SA v International Bulk Carriers SA, The Mareva. The shipowner hired out their ship (Mareva) to the defendant with half-monthly in advance. The defendant were only able to meet the first two installments, Mareva sued for damages and unpaid hire. They also sought an injunction to stop hirer removing any monies received from the voyage. The issue whether an injunction was obtainable to prevent the removal before judgment. The court held that an injunction was granted to continue until the dispute came to trial to prevent the defendants from disposing any assets. ) ANTON PILLER ORDER May be made available in exceptional circumstances. It is a  court  order that provides the right to search premises and seize evidence without prior warning. This prevents destruction of relevant  evidence, particularly in cases of alleged trademark, copyright or patent infringements. Anton Piller v Manufacturing Processes Ltd The plaintiff was under the belief that one of its agents was supplying confidential information to one of their competitors. However, they are concerned that subpoena would give ample time for the agent to destroy evidence.The issue was whether the company could obtain an order enabling them to enter the agent’s premises to inspect the documents. The court granted the order as there was strong prima facie case of infringement which could cause damage to applicant and clear evidence that the defendants had incriminating the material in their possession which they could destroy. 7) QUANTUM MERUIT Quantum meruit means â€Å"as much as he deserved†. It is the determination of value of the services extended based on the amount of work and the rate of work existing there for similar work, when an agreement or contract is not existing between the parties.The contract may be discharge by breach but where the contract is for goods & services, there is a new implied contract imposed by law on the party taking benefit that they will pay reasonable amount of quantum. †¢ Can arise where: ? A defendant has prevented a plaintiff from carrying out their contractual duties. ? The parties cannot agree on payment ? The parties agree on payment for the part-performance but not the actual amount. Sumpter v Hedges The claimant agreed to build two houses and was agreed that ? 565 would be payable on completion.The claimant done a little more than half job and then ran out of money and was unable to complete. Then defendant completed the work himself. The issue was whether the claimant could recover payment for work done. The contract was entire and not divisible. So, the claimant could not recover under it. Furthermore, it is not defendants fault he could not complete the job and so there was no entitlement for quantum meruit. While the defendant obtained the benefit, it did not constitute acceptance of partial performance in this case.