The difference between spoken and written language.

Most of the differences between spoken and written languages arise from two main sources. Speaking and Writing : Similarities and Differences The first source is situational. When we use written language to communicate, we presume that the person(s) to whom & message is addressed idare absent.In other words, written communication is essentially intended to convey messages to an audience that is absent, so that there is no face to face or direct interaction. Since the personls addressed idare absent, it becomes necessary to be as explicit as possible by completing sentences carefully and precisely. Even in an informal letter like the one in the last ActivitieA3pealung and Writing section, the writer has used sentences (though clipped) and not just the odd word as in conversation.Spoken language on the other hand, presumes the presence of both the speaker and hearer. This makes it possible for them to support the word or phrase they utter by gesture, and be assured by word or look that their hearer has understood the message. In other words, feedback from the hearer is almost immediate. Spoken language, therefore does not necessarily have to contain complete and well formed sentences. This applies particularly to conversation. Also as a result of the difference owing to situation, writing tends to be relatively more permanent than conversation. The second source ofdifference arises from the very nature of the devices used by the two mediums for the transmission of language. The device we use in the written medium comprises marks on the page which combine to form words and meaningful sentences. These orthographic signs are not adequate to represent the various devices we use to transmit language by speech.In other words, marks on the page do not give us any indication of how they are to be pronounced. Numerals in different languages, for example, may be written in the same script and have the same value but are generally pronounced differently in different languages. For example, in French, German and English the numbers on the page are the same, that is, they are written thus - 1,2,3,4,5,6,7,8,9,10, etc. but these numbers do not give us any clue as to how they are pronounced in these languages. Similarly, many languages may use the same letters of the alphabet that is, the same script e.g. English, German, French, Khasi and other tribal languages in the North East.However, these letters may not represent the same sowids in each of these languages, nor do they indicate the way in which the sounds in each language combine to form words and words combine to form longer utterances.In some languages, such as English, there is in fact no one-to+ne correspondence between spelling and sound.In addition to the sound of each language, the rhythm of each language is different.Rhythm and intonation are properties of spoken language alone and cannot be represented by sentences on the page. Another basic difference between spoken language and written language is that their societal functions are quite separate. For example, we can use only the spoken form of a language at interviews, for discussion on radio and television and in the classroom, at conferences, at seminars, for day-to-day interaction at the work place and at home and also for communicating on the telephone. We can use only written language for report writing, for creative writing, for letter writing, for sending FAX, TELEX and E-Mail messages, etc. As a result of the separate functions (apart from the communicative function) that the two mediums have, their form tends to differ in respect of vocabulary. For example, words like get, do can have various meanings in conversational English. In written English on the other hand, each of the uses of these two words has a separate word. The word get can mean receive as in Did you get my letter? and understand in Did you get wbat I said? In written English get can be substituted by receive in the first case and by understand in the second case. We shall discuss these in greater detail in the next Unit where we shall look at the characteristics of spoken language. Similarly the two mediums tend to differ in respect of their structure. Let us look at some 'written' sentenctq with a 'translation' by M.A.K. Halliday (1985:61-62) into a form that would be more likely to occur in speech which is not specially 'colloquial' Written Spoken (a) Investment in a rail facility implies a long-term commitment. @) The growth of attachment between infant and mother signals the first step in the development of a child's capacity to discriminate amongst people. (c) Slavish imitation of models is nowhere implied. If you invest in a rail facility,this implies that you are going to be committed for a long term. When an infant and its mother start to grow attached to each other, this is a sign that the child is beginning to discriminate amongst people It is not implied anywhere that there are models which should be slavishly imitated. Have you noticed the difference between the written and the spoken form of each of the sentences above? . . In sentence (a) there are altogether ten words. Of these, seven, that is, investment, rail facility, implies, long, term, commitment are lexical items and three, that is, in, a and a are grammatical items or structure words. In the likely spoken form of the same sentence, words-invest, rail, facility, implies, committed, long term are lexical items and the remaining thirteen are structure words. . . Similarly, in sentence (b) the 'written' sentence has twelve content words and eleven structure words. The likely spoken form of the sentence has ten content words and sixteen structure words. The 'written' sentence (c) has four content words and three structure words. The likely spoken form of the same sentence has four content words and ten structure words. In all these cases the spoken form makes use of more structure words and fewer content words. The written sentence on the other hand, makes use of a larger number of content words. These contribute to the density with which information is presented in writing. The presence of a larger number of grammatical words in spoken language makes it sparse. In other words, information in written language tends to be more closely packed than in spoken language.

Accounting for NPO

there are many directors of accounts are prepared in nonprofit organisation first of all is receipt and payment account which resembles as cash book here all the counselor rated transactions are written and the cash in hand cash in bank transactions are written consecutively and balance CD is pink so there for matching other balance at the port side if there transaction at two places like salaries paid in the month of January and September both the thing is added again and are written as one paymentand two types of receipt also if Apne save Nature added and it under the same eating no date column is there only particulars and cash received and at the credit side party close and the cash paid it is being tried it is being closed at the.

the next days then X is income and expenditure account here it is same as profit and loss account in case of profit making our nation it is a non-profit organisation that is why it is being Seth income and expenditure account here as you say income and expenditure it is totally in tally different where the debit side refers to expenditure and crazy right refers to all the income when there is more income than the expenditure it is called Hercules when there is more lock expenditure than the income it is called deficit.

Write the full form of the term "AIDS". How does its virus get transmitted from one person to another ? Give the symptoms of the disease caused by this virus.

HIV is a sexually transmitted infection (STI). It can also be spread by contact with infected blood or from mother to child during pregnancy, childbirth or breast-feeding. Without medication, it may take years before HIV weakens your immune system to the point that you have AIDS. There's no cure for HIV/AIDS, but medications can dramatically slow the progression of the disease. These drugs have reduced AIDS deaths in many developed nations. Symptoms The symptoms of HIV and AIDS vary, depending on the phase of infection. Primary infection (Acute HIV) Some people infected by HIV develop a flu-like illness within two to four weeks after the virus enters the body. This illness, known as primary (acute) HIV infection, may last for a few weeks. Possible signs and symptoms include: Fever Headache Muscle aches and joint pain Rash Sore throat and painful mouth sores Swollen lymph glands, mainly on the neck Diarrhea Weight loss Cough Night sweats These symptoms can be so mild that you might not even notice them. However, the amount of virus in your bloodstream (viral load) is quite high at this time. As a result, the infection spreads more easily during primary infection than during the next stage. Clinical latent infection (Chronic HIV) In this stage of infection, HIV is still present in the body and in white blood cells. However, many people may not have any symptoms or infections during this time. This stage can last for many years if you're not receiving antiretroviral therapy (ART). Some people develop more severe disease much sooner. Symptomatic HIV infection As the virus continues to multiply and destroy your immune cells — the cells in your body that help fight off germs — you may develop mild infections or chronic signs and symptoms such as: Fever Fatigue Swollen lymph nodes — often one of the first signs of HIV infection Diarrhea Weight loss Oral yeast infection (thrush) Shingles (herpes zoster) Pneumonia Progression to AIDS Thanks to better antiviral treatments, most people with HIV in the U.S. today don't develop AIDS. Untreated, HIV typically turns into AIDS in about 8 to 10 years. When AIDS occurs, your immune system has been severely damaged. You'll be more likely to develop opportunistic infections or opportunistic cancers — diseases that wouldn't usually cause illness in a person with a healthy immune system. The signs and symptoms of some of these infections may include: Sweats Chills Recurring fever Chronic diarrhea Swollen lymph glands Persistent white spots or unusual lesions on your tongue or in your mouth Persistent, unexplained fatigue Weakness Weight loss Skin rashes or bumps When to see a doctor If you think you may have been infected with HIV or are at risk of contracting the virus, see a doctor as soon as possible. More Information Early HIV symptoms: What are they? Request an Appointment at Mayo Clinic Causes HIV is caused by a virus. It can spread through sexual contact or blood, or from mother to child during pregnancy, childbirth or breast-feeding. How does HIV become AIDS? HIV destroys CD4 T cells — white blood cells that play a large role in helping your body fight disease. The fewer CD4 T cells you have, the weaker your immune system becomes. You can have an HIV infection, with few or no symptoms, for years before it turns into AIDS. AIDS is diagnosed when the CD4 T cell count falls below 200 or you have an AIDS-defining complication, such as a serious infection or cancer. How HIV spreads To become infected with HIV, infected blood, semen or vaginal secretions must enter your body. This can happen in several ways: By having sex. You may become infected if you have vaginal, anal or oral sex with an infected partner whose blood, semen or vaginal secretions enter your body. The virus can enter your body through mouth sores or small tears that sometimes develop in the rectum or vagina during sexual activity. By sharing needles. Sharing contaminated IV drug paraphernalia (needles and syringes) puts you at high risk of HIV and other infectious diseases, such as hepatitis. From blood transfusions. In some cases, the virus may be transmitted through blood transfusions. American hospitals and blood banks now screen the blood supply for HIV antibodies, so this risk is very small. During pregnancy or delivery or through breast-feeding. Infected mothers can pass the virus on to their babies. Mothers who are HIV-positive and get treatment for the infection during pregnancy can significantly lower the risk to their babies. How HIV doesn't spread You can't become infected with HIV through ordinary contact. That means you can't catch HIV or AIDS by hugging, kissing, dancing or shaking hands with someone who has the infection. HIV isn't spread through the air, water or insect bites. Risk factors Anyone of any age, race, sex or sexual orientation can be infected with HIV/AIDS. However, you're at greatest risk of HIV/AIDS if you: Have unprotected sex. Use a new latex or polyurethane condom every time you have sex. Anal sex is more risky than is vaginal sex. Your risk of HIV increases if you have multiple sexual partners. Have an STI. Many STIs produce open sores on your genitals. These sores act as doorways for HIV to enter your body. Use IV drugs. People who use IV drugs often share needles and syringes. This exposes them to droplets of other people's blood. Complications HIV infection weakens your immune system, making you much more likely to develop many infections and certain types of cancers. Infections common to HIV/AIDS Pneumocystis pneumonia (PCP). This fungal infection can cause severe illness. Although it's declined significantly with current treatments for HIV/AIDS, in the U.S. PCP is still the most common cause of pneumonia in people infected with HIV. Candidiasis (thrush). Candidiasis is a common HIV-related infection. It causes inflammation and a thick, white coating on your mouth, tongue, esophagus or vagina. Tuberculosis (TB). In resource-limited nations, TB is the most common opportunistic infection associated with HIV. It's a leading cause of death among people with AIDS. Cytomegalovirus. This common herpes virus is transmitted in body fluids such as saliva, blood, urine, semen and breast milk. A healthy immune system inactivates the virus, and it remains dormant in your body. If your immune system weakens, the virus resurfaces — causing damage to your eyes, digestive tract, lungs or other organs. Cryptococcal meningitis. Meningitis is an inflammation of the membranes and fluid surrounding your brain and spinal cord (meninges). Cryptococcal meningitis is a common central nervous system infection associated with HIV, caused by a fungus found in soil. Toxoplasmosis. This potentially deadly infection is caused by Toxoplasma gondii, a parasite spread primarily by cats. Infected cats pass the parasites in their stools, which may then spread to other animals and humans. Toxoplasmosis can cause heart disease, and seizures occur when it spreads to the brain. Cancers common to HIV/AIDS Lymphoma. This cancer starts in the white blood cells. The most common early sign is painless swelling of the lymph nodes in your neck, armpit or groin. Kaposi's sarcoma. A tumor of the blood vessel walls, Kaposi's sarcoma usually appears as pink, red or purple lesions on the skin and mouth. In people with darker skin, the lesions may look dark brown or black. Kaposi's sarcoma can also affect the internal organs, including the digestive tract and lungs. Other complications Wasting syndrome. Untreated HIV/AIDS can cause significant weight loss, often accompanied by diarrhea, chronic weakness and fever. Neurological complications. HIV can cause neurological symptoms such as confusion, forgetfulness, depression, anxiety and difficulty walking. HIV-associated neurocognitive disorders (HAND) can range from mild symptoms of behavioral changes and reduced mental functioning to severe dementia causing weakness and inability to function. Kidney disease. HIV-associated nephropathy (HIVAN) is an inflammation of the tiny filters in your kidneys that remove excess fluid and wastes from your blood and pass them to your urine. It most often affects black or Hispanic people. Liver disease. Liver disease is also a major complication, especially in people who also have hepatitis B or hepatitis C. Prevention There's no vaccine to prevent HIV infection and no cure for AIDS. But you can protect yourself and others from infection. To help prevent the spread of HIV: Use treatment as prevention (TasP). If you're living with HIV, taking HIV medication can keep your partner from becoming infected with the virus. If you make sure your viral load stays undetectable — a blood test doesn't show any virus — you won't transmit the virus to anyone else. Using TasP means taking your medication exactly as prescribed and getting regular checkups. Use post-exposure prophylaxis (PEP) if you've been exposed to HIV. If you think you've been exposed through sex, needles or in the workplace, contact your doctor or go to the emergency department. Taking PEP as soon as possible within the first 72 hours can greatly reduce your risk of becoming infected with HIV. You will need to take medication for 28 days. Use a new condom every time you have sex. Use a new condom every time you have anal or vaginal sex. Women can use a female condom. If using a lubricant, make sure it's water-based. Oil-based lubricants can weaken condoms and cause them to break. During oral sex use a nonlubricated, cut-open condom or a dental dam — a piece of medical-grade latex. Consider preexposure prophylaxis (PrEP). The combination drugs emtricitabine plus tenofovir (Truvada) and emtricitabine plus tenofovir alafenamide (Descovy) can reduce the risk of sexually transmitted HIV infection in people at very high risk. PrEP can reduce your risk of getting HIV from sex by more than 90% and from injection drug use by more than 70%, according to the Centers for Disease Control and Prevention. Descovy hasn't been studied in people who have receptive vaginal sex. Your doctor will prescribe these drugs for HIV prevention only if you don't already have HIV infection. You will need an HIV test before you start taking PrEP and then every three months as long as you're taking it. Your doctor will also test your kidney function before prescribing Truvada and continue to test it every six months. You need to take the drugs every day. They don't prevent other STIs, so you'll still need to practice safe sex. If you have hepatitis B, you should be evaluated by an infectious disease or liver specialist before beginning therapy. Tell your sexual partners if you have HIV. It's important to tell all your current and past sexual partners that you're HIV-positive. They'll need to be tested. Use a clean needle. If you use a needle to inject drugs, make sure it's sterile and don't share it. Take advantage of needle-exchange programs in your community. Consider seeking help for your drug use. If you're pregnant, get medical care right away. If you're HIV-positive, you may pass the infection to your baby. But if you receive treatment during pregnancy, you can significantly cut your baby's risk. Consider male circumcision. There's evidence that male circumcision can help reduce the risk of getting HIV infection.

Define a contract. Explain the essentials of a valid contract.

A contract is a voluntary legally binding agreement between two or more parties.
 Contract is a branch of the law
of obligations in jurisdictions of the civil
law tradition. Contract law is concerned
about the rights and duties that results from agreements.

All contracts are agreement but not all
agreement is contract.

Only that agreement that is enforced by
law is contract.

For an agreement to be legally valid
must have the essentials of valid contract as per section 10 of the Indian contract
act.

According to section 10 “ All agreements
are contracts if they are made by the free consent of parties, competent to
contract, for a lawful consideration and with a lawful object and are not
expressly declared to be void” 

Essentials of Valid Contract:

1. Offers and Acceptance: For a contract
to be valid there must be a lawful offer by one party and lawful acceptance by
another party.

2.  Legal Relationship: For a agreement to be valid, the parties must
create legal relationship. For Agreement of
social or domestic nature, legal relationship is not considered.

3.   Lawful Consideration:  Consideration
has been defined as the price paid by one party for the promise of the other. An
agreement is enforceable only when both the parties get something and give
something.

 4.  Capacity of Parties:  Parities
to an agreement must be capable to contract. Even if one of the parties is
not capable of contract, then the contract is invalid.

 5.  Free Consent: The parties must
agree upon same thing in the same sense.

 6. Lawful Objects: Object of an
agreement must be valid. It means the design of the contract.

7.  Writing and Registration: A contract may
be oral or in writing according to Contract Act. It is required
for the validity of a contact that the agreement must be in writing and signed
and attested by witness and registered if so required by the law.

8. Certainty: According to Section 29 of the Contract Act,
“Agreements the meaning of which are not certain or capable of being made
certain are void.”

9. Possibility of Performance:
According to section 56 lays “An agreement to do an act
impossible in itself is void.”

 10. Not Expressly Declared Void: Condition for the contract should be
capable of performance.

"A stranger to contract cannot sue". Explain. Discuss the exceptions to this rule.

Introduction

           A contract is an agreement between two or more persons/parties subject to certain terms and conditions for a lawful consideration. Indian Contract Act defines Contract as "an agreement enforceable by law."  For example,  X and Y enter into an agreement. X promises Y to Sell his Car for Rs.5,00,000/- and Y accepts to purchase it for the said amount. It is a Contract between X and 'Y'.      The general rule is that only those person who are parties to a contract may sue and be sued on that contract. Any person other than the parties/ persons to a contract is called "Stranger to the Contract"    That means in the above example X and Y may sue and be sued. There are two consequences of this rule:

        1) A person who is not a party to a contract cannot sue upon it even though the contract is for his benefit and he provided consideration. This rule is known as the Doctrine of Privity of contract. Privity of contract means a relationship subsisting between the parties who have entered into contractual obligations. It implies a mutuality of will and creates a legal Bond or tie.

2) A contract cannot confer rights or impose obligations arising under it on any person other than the parties to it. Thus, if there is a contract between A and C, C cannot enforce it.

Exceptions to the Doctrine of Privity of Contract:

      The following are the exceptions to the doctrine Privity of Contract.In other words "a stranger to a contract can sue.


1) A trust or charge :

                   A person in whose favor a trust or other interest in some specific immovable property has been created may enforce it even though he is not a party to the contract

Example :

a) A agrees to transfer certain properties to B to be held by B in trust for the benefit of C. C can enforce the agreement (I.e, trust) even though he is not a party to the agreement

b) A husband who was separated from his wife executed a separation deed by which he promised to pay to the trustees all expenses for the maintenance of his wife. In this case, court held that the agreement created a trust in favour of the wife and could be enforced.   [Gundy Vs Gundy (1884)]

c) A had a son SA and B had a daughter DB. A agreed with B that in consideration of the marriage of DB with SA, he would pay to DB, his daughter in law an allowance of 5000 a month in perpetuity. He charged certain properties with the payment with the power to DB to enforce it. In this case, court held that, DB although no party to the arrangement, was clearly entitled to recover the arrears of the allowance. [Khwaja Mohd. VS Husaini Begum (1910)]



2) Marriage settlement, Partition or other family arrangements : 

           Where an agreement is made in connection with marriage, partition or other family arrangements and a provision is made for the benefit of a person, he may sue although he is not a party to the arrangement

Examples:

      a) Two brothers on a partition of joint properties agreed to invest in equal share a certain sum of money for the maintenance of their mother. In this case, she( Mother ) was entitled to require her sons to make the investment.

     b) J's wife deserted him because of his ill treatment. J entered into an agreement with his father in law to treat her property or else pay her monthly maintenance, subsequently, she was again ill treated and also driven out, here she was entitled to enforce the promise made by J to her Father.

3) Acknowledgement or estoppel

          If the promisor by his conduct or acknowledgment or part payment or by estoppel creates privity of contract between himself and the stranger, the stranger can sue.

Example:  A receives some money from B to be paid over C. A admits of this receipt to C. C can recover the amount from A who shall be regarded as the agent of C. 

4)  Assignment of a contract

    If the benefits under the contract are assigned to the third party, the assignee can sue.

Example : 

Krishnan Lal Sahu Vs. Promila Bala, A.I.R (1928) 518 cal. In this case, Court held that "the assignee of rights and benefits under a contract not involving personal skill can enforce the contract subject to the equities between the original parties.

5) Contracts entered into through an agent
  
         In a contract of Agency, a person appoints another person to act on his behalf with a third party. The person who appoints another person is called 'Principal' and the person, who is appointed is called 'Agent'. When an agent enters into a contract on behalf of the principal, the principal can enforce the contract.( here Principal is a stranger to the Contract; the agent and other parties are parties to the Contract.
      


[Note: A stranger to  Contract cannot sue. But, a stranger to Consideration can sue. Both have exceptions.]

Explain the remedies available to an aggrieved party on the breach of a contract.

Breach of Contract :-
Breach means violation of law. The breach of contract means to break the contract or not to act upon the contract. When any party fails to perform its duties in a lawful contract it is called breach of contract. The injured party has a right to take action against the party who has failed to perform his part of contract.


REMEDIES or RIGHTS OF AGGRIEVED PARTY :-
On the breach of contract following remedies are available to an injured party.


1. Claim for Damages :-
If contract is broken, the injured party has a remedy to claim for damages and losses suffered by him. Injured party is entitled to receive compensation of loss from the party who has broken the contract.The aim of this remedy is to provide the injured party the same benefits which it would receive in case of the performance of contract.

Following are important types of damages :


i. :- Special Damage :- Under a special circumstances special damages takes place from breach of contract.

Example :- If the machinery of any factory arrives late and due to this reason one party suffers a loss or profits it is called special damage.


ii. General Damage :- If injured party suffers a loss due to non performance of the contract it is called general damage. The injured party can recover from the guilty party the ordinary damages suffered by him.

Example :- Mr. Robin contracts to pay 3 lac to Mr. Peter on 1st April. Mr. Robin does not pay the money on that day. Mr. Peter is unable to pay her debts and suffer a loss. Mr. Robin is liable to pay Mr. Peter principal amount and also interest on it.


iii. Exemplary Damages :- These damages are awarded in order to punish the guilty party for the breach of contract and not to compensate the loss of the injured party.

These damages are awarded in dishonor of cheque and case of breach of contract to marry.


iv :- Nominal Damages :- When the injured party suffers no loss the contract may award him nominal damages to recognize his right.


2. Suit For Injunction :-
Injunction means the order of the court. It may be used to prevent any wrongful act. In case of contract it is used to prevent that act which is involved in breach of contract.

Example :- Suppose Mr. Yuvraj a film producer contracts with Miss. Neha to sign in his movies for ten years and not to sign in any other film. After one year she contacts with other film producer Mr. Sethy during the period of contract. The court may issue injunction on a suit by Mr. Yuvraj to restrain Miss. Neha from signing in film of Mr. Sethy.


3. Specific Performance :-
A degree of specific performance is an order of the court. It is usually granted in those contracts related to house, land and plot. In some cases compensation to pay. So court may issue the degree of specific performance and can compel to defaulter party the performance of contract.

Example :- Mr. Tipu agrees to sell his house to Mr. Amir, who agrees to purchase. But due to some reasons Mr. Tipu commits breach . At the suit of Mr. Amir court may ask Mr. Tipu to carry out the contract.


4. Recession Of The Contract :-
For the breach of contract it is an equitable remedy. When one party of the contract commits breach and other party may rescued the contract that he may get free from all its obligations for the performance of contract. Due to such recession and non performance injured party is entitled to get compensation for the damages and loss.

Example :- Mr. Sanjay pledges the defence savings certificates to Mr. Panday and get loan. But Mr. Sunjay does not return the loan. Mr. Panday may file a suit for recession of the contract responsibility to return the defence savings certificates on payment.


5. Quantum Merit :-
It means"So much as deserves" we can explain it by the following example :

Example :- Suppose Mr. Ali entered into contract with Mr. Shawn that they will construct one room jointly. Mr. Ali will construct the wall while Mr . Shawn will build the roof. Now Mr. Ali completes his job but Mr. Shawn fails to build the roof of the room. Now in this case Mr. Ali is entitled to receive the award according to his work done by him.This claim of Mr. Ali will be called a claim of "Quantum Merit." The court will award to Mr. Ali keeping in view the work or services performed by him.

"A stranger to contract cannot sue". Explain. Discuss the exceptions to this rule.