Thursday, November 28, 2019
Documentary on Mount Kilimanjaro Essay Example
Documentary on Mount Kilimanjaro Essay Reviewing the documentaries This documentary is about group of people who are climbing the worldââ¬â¢s 9th biggest mountain.The Documentary mostly focuses on the scenery and environment of the mountain.The documentary starts with some shots of an open field in Africa and the narrator is describes the environment , when he talks about the mountain ââ¬Å"it looms above the clouds a solitary childâ⬠the technique he uses here is emotive language to help grab the audience attention and give more interest to the documentary,â⬠.In another quote ââ¬Å"it is a mountain of strange wonders, made by fire and crowned by iceâ⬠he uses imagery here to describe the mountain a a bit more and to show off the beauty of that the mountain holds.Later on they then showed off the cast of the documentary , they have the people show up in small bubble and have them answer questions about the different parts of their hike , it is also in a very chatty style and this helps them interact with the audience by showing t heir emotions throughout the journey.All of them had one reason to climb the mountain and that was because it was their ambition and dream to climb it and wanted to share the adventure with the world through the documentary , this also gets the audience attention and interest as they are not only seeing one person perspective of the climb but a whole group of people with different ambitions and goals.During the beginning in the they show off many of the scenery and shots of the environment to grab the audience attention.Later on they show a visual map of what route they are taking and what is the distance between each destination , this is just there to help give the audience an idea of how they are travelling up the mountain.we can also see through the names of the different environment ââ¬Å"moorlandâ⬠ââ¬Å"Alpine desertâ⬠and ââ¬Å"Arctic regionâ⬠, these places have a different environments and makes the documentary more interesting as the climbers are n We will write a custom essay sample on Documentary on Mount Kilimanjaro specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Documentary on Mount Kilimanjaro specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Documentary on Mount Kilimanjaro specifically for you FOR ONLY $16.38 $13.9/page Hire Writer
Sunday, November 24, 2019
Discussion 2 Example
Discussion 2 Example Discussion 2 ââ¬â Coursework Example Discussion Surety for the scientific soundness and empirical support in favor of a treatment is primarily derived from research statistics. Not manypsychological interventions are investigated empirically because their proposers decline to offer them for research under the prevailing paradigms of research (The Australian Psychological Society Ltd., n.d., p. 1). Fact is; ââ¬Å"scientific theories never become factsâ⬠(Lutus, 2013). However, application of the theories on particular cases reported in peer-reviewed journals and other publications yields valuable results and conclusions for other users. Intensive programs of behavioral intervention employ a variety of behavioral techniques which have to be changed along with the progress of the child and as the different areas of skill are developed (New York State Department of Health, 1999). Operant conditioning is one of the most used theories in behavioral psychology. One problem with operant conditioning exists in the comprehe nsion and application of the process of learning. Operant conditioning tends to define the whole learning and behavior in terms of the relationship between stimuli and consequences. Such approach is sometimes not suitable for explaining the various kinds of behaviors that the subject exhibits regardless of the stimuli. An alternative to operant conditioning is Real Training. Real Training may be used, for example, in cases when the subject e.g. the dogs have become contentious. It is the approach that imparts a need for the trainer to work with the dog to teach it the expected behavior. ââ¬Å"To a real trainer, the idiosyncratic and unexpected responses any subject can give are the most interesting and potentially the most fruitful events in the training processâ⬠(Pryor, n.d.). Unlike operant conditioning, Real Training recognizes difference between just knowing and actual doing. This difference may characterize a contention point instead of a lack of conditioning (Hild, 2011 ). References:Hild, R. (2011). Real Training vs. "Operant Conditioning". Care Dog Training. Retrieved from caredogtraining.com/Articles/realtraining.htm. Lutus, P. (2013). Is Psychology a Science? Retrieved from arachnoid.com/psychology/. New York State Department of Health. (1999, Nov.). Chapter IV (Continued) - Behavioral and Educational Approaches. Retrieved from https://www.health.ny.gov/community/infants_children/early_intervention/disorders/autism/ch4_pt2.htm. Pryor, K. (n.d.). Donââ¬â¢t shoot the dog. Retrieved from papagalibg.com/FilesStore/karen_pryor_-_don_t_shoot_the_dog.pdf. The Australian Psychological Society Ltd. (n.d.). Evidence-based Psychological Interventions in the Treatment of Mental Disorders: A Literature Review. 3rd Edition. Retrieved from https://www.psychology.org.au/Assets/Files/Evidence-Based-Psychological-Interventions.pdf. Discussion 2 Example Discussion 2 ââ¬â Coursework Example Can Science Be Sacred al Affiliation) Can Science Be Sacred? Adam Frank uses a previous experience, where he was coming from a Partial Differential Equations (PDEs) class and headed to the student cafeteria to get a cup of coffee, to explain the relationship between science and the sacred. He attributes his experience to the equations and states that solving the equations indicated a connection between science and the sacred. After noticing oscillations on the coffeeââ¬â¢s surface from the ice cream freezerââ¬â¢s motor, he explains the theory of hierophany. Frank, (2012) explains that the relationship between science and the sacred lies in focusing on the experience. When the equations are solved practically, the solutions are understood through the experience. It is this experience that Frank describes as, ââ¬Å"hierophanyâ⬠(Frank 2012). The coffee cup incident was an experience of the sacred. It was from the incident that Frank extracted, ââ¬Å"the connection, and the usefulness, of the sacred to a world saturated with the fruits of scienceâ⬠(Frank 2012). Science is fundamental to technological advancement; hence a path to discovering the sacred. Frank concludes that science is the gateway to the sacred. It is through science that humanity can focus on the experience that differentiates a religion from the sacred. Frank provides insight to what ought to be considered as religion and as sacred. The article develops an understanding that equations attempt to explain the sacred. In addition, the sacred is depicted to mean natural occurrences. For example, the planetary motion is a natural occurrence. However, the motion can be understood using a set of equations to analyze the movement. The article is clear and succinct on explaining the significance of science to experience the sacred. The article also sheds light as to whether the sacred can exist outside a religion. Faith forms the fundamental component of religion whereas experience is th e fundamental component of sacred. Religion is mainly based on the creed and doctrine of spiritual life. On the other hand, the sacred is the natural occurrences that are not influenced by human behavior, and that can be understood through science. Science cannot explain religion as it does explain the sacred. ReferenceFrank, A. (2012, January 20). Can Science Be Sacred? Retrieved January 30, 2015, from huffingtonpost.com/adam-frank/can-science-besacred_ b_1213082.html
Thursday, November 21, 2019
Eastern Food Restaurant Essay Example | Topics and Well Written Essays - 2000 words
Eastern Food Restaurant - Essay Example To meet this goal, the company, will consider the quality, generosity, understanding, and fairness between vendors, customers, staff, and management, the impact that the business choices and practices will portend on the environment the restaurant will be situated in, and the productââ¬â¢s effects on the well-being and health of the staff and customers. Being aware of the responsible actions and these factors that the result should give a sense of meaning and effort that go far beyond the goals of basic financial obligations. Development and Status The company Eastern Foods was incorporated in the year 1992 in November and certified. The companyââ¬â¢s founders are Kenneth O, Donahue and Martha Lee. Martha is the company President while Kenneth is the companyââ¬â¢s Vice President. The company has issued common stocks of over 10,000 shares with both Kenneth and Martha owning 2,500 shares each. The remainder of the stocks have been retained by the company for distribution in th e future. Kenneth and Lee have loaned ?30,000 from their own funds to aid in start up costs and research for the restaurant. Eastern Food Restaurantââ¬â¢s found a suitable site for its UK based restaurant two months ago and negotiations on the lease period were recently completed, with the deal being in its final stages of completion. The restaurantââ¬â¢s location will be on 134-136 Wardour Street, which is adjacent to a densely populated area of the market that the restaurant will target. After the signing of the lease agreement, the company will have four months to construct the restaurant without any rent charged, this period being the one where the start-up fund balance should be raised. On the completion of this phase, Eastern Food Restaurant would be opened with the projectââ¬â¢s operation phase set to begin. Future Plans Should the restaurant meet, by the tenth month, a majority of its projections, the company will begin to look for another location, to develop anoth er restaurant, and start planning procedures for another restaurant. The companyââ¬â¢s five-year goal is ownership of four restaurants in the greater London area whose annual combined profit the company expects to be in the range of ?20,000 and ?700,000. Industry Analysis The restaurant industry business is quite competitive, with lifestyle changes that have been created by modern culture fuelling the industryââ¬â¢s steady growth continuously. Increasingly more people possess less cooking ability, resources, and time. The importance of trends cannot be overstated, and Eastern Food restaurant UK aims to be well positioned for this interest in healthier and lighter foods going for moderate to low prices. The Restaurant Industry as it is today The service of food is the fourth biggest industry in the UK. The industry accounts for approximately $200 billion each year in sales. Independent restaurants account for approximately 20% of this total. The average Brit will spend approxim ately 20% of their income on away from home food, with the number having increased steadily over the past 5 years (Katz, 2006 pp140). The reasons for this are an increase in the variety of product, economic climate, and changes in lifestyle. Future Trends and Strategic Opportunities The growth trend predicated is quite positive in long and short term projections. Modern living has created increased demands that have made people be compelled to eat away from their homes. This is predicted to be as high as 35% in the coming six years. The national restaurant
Wednesday, November 20, 2019
Innovation management Essay Example | Topics and Well Written Essays - 4500 words
Innovation management - Essay Example The new age of media has been cannibalizing the TV business. It is agreed that people are also watching a lot of content over the web but the charm and the thing about watching your favorite broadcasts with convenience at a desired time and location still holds good. Along with the digital challenge and the advent of innumerable choices in terms of content to be viewed has also let the viewers get spoilt for choice. Along with this, the social networking sites have also started getting connected to the viewership patterns where tweets and discussions on social networking sites lead towards the rise of real time viewership for shows ââ¬Å"An Essay: Innovation Models For The Digital Age.â⬠. The following report is a development of a new innovation of within the television industry for Samsung Group. The paper proposes a remote free television that shall be controlled by voice, gestures and expressions of the user. The report brings out a comprehensive study of development, launch, implementation and execution of the desired product into the marketplace. Samsung and its success has been recognised the world over through the last decade. The South Korean company has been synonymous with being the world leader in terms of televisions production and mobile phone technology. The company has also been ranked among the world third most innovating firm by the Fast Company Magazine. The company has grown over the years to become the global leader in consumer electronics from being a local industrial player in its home country. The conglomerate is involved into a number of businesses from apparels to foods and consumer electronics. It has about 19 listed companies under the Korean Exchange and employs about 427,000 people as of 2013 data (ââ¬Å"About Samsungâ⬠). Samsung Electronics, the most revered technology company had launched its 3D television in March 2010. It was the pioneer in the 3D vision technology in its television sets. With this innovation, the
Sunday, November 17, 2019
The advantages and disadvantages of Opera Reservations System (ORS), Essay
The advantages and disadvantages of Opera Reservations System (ORS), by MICROS systems Inc, for hotels and restaurants - Essay Example Opera Reservation Systems also happens to render specialised services to the restaurants and hotels by designing different software like that for the Sales and Catering department. The Opera Reservation Systems also happens to enhance the potential of service quality rendered by the hotel and restaurants through the high amount of incorporation of different types of innovative tools. This tool helps the hotels and restaurants in generating effective services to the customers through maintaining effective relationship based services with them. Again the tool also helps the hotels in effectively maintaining the guest rooms and also helps the corporation in adequately working out resources meant for organising events. The software also helps the hotels and restaurants in effectively tracking the sales pertaining to the different departments and also in tracking the highest sales figure in regards to the different items. Opera Reservation Systems software also helps in regulating the inv entory pertaining to the different category of guest rooms in the hotel. Acting like an effective planning tool the software helps the hotel in arranging for the food and beverages meant for domestic and international guests. The software also helps the hotels in effectively meeting the different bills pertaining to banquet and other room services rendered to the guests. Opera Reservation Systems also acts as an effective forecasting tool for the hotel and restaurants in helping the companies estimate the rise in the number of guests and the sales pertaining to the different categories of services and products rendered. The operating system also helps the hotels in effectively analysing the margins pertaining to the cost and the profits emanating out of the services of the company. Having said the essential features and services rendered by the software to the hotel it can be easily understood that such services tend to make the people much effective in rendering continuous services to the customers. The people operating based on such software can thereby effectively communicate with the guests and consumers and thereby help in enhancing the brand image of the concern. Thus the incorporation of such software helps to render specialised services to the hotel corporations and thereby enhances the potential in gaining new markets and also in successfully developing its brand image. Enhanced use of the software by the different level of employees thus makes the people get an overview of the entire operation performed in the hotel sector (HRS, 2006). Disadvantages for Restaurants using Opera Reservation Systems The hotels and restaurants operating based on software such as Opera Reservation System though reflect salient number of advantages is also struck from some serious drawbacks. The practice of depending highly on such software creates a problem for the concern especially in cases of long term power cuts. The internal people of the concern being highly depende nt on
Friday, November 15, 2019
The legal capacity
The legal capacity CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding contracts, and to sue and be sued in its own name. In order to be bound by a contract, a person must have the legal ability to form a contract in the first place. This legal ability is called capacity to contract. Both parties in a contract must have the necessary mental capacity to understand what they are doing. Under common law anyone has the right to enter into a contract, except for minors, people with mental disability and also people who are under the influence of drugs or alcohol. For a person to avoid a contract on the ground of their incapacity, they must also show that they lacked capacity to enter into a contract and that the other party knew or ought to have known their incapacity. A person who is unable, due to age or mental impairment, to understand what she is doing when she signs a contract may lack capacity to contract. For example, a person under legal guardianship due to a mental defect completely lacks the capacity to contract. Any contract signed by that person is void. In other situations, a person may not completely lack the capacity to contract. The contract would then be voidable at the option of the party claiming incapacity, if he or she is able to prove the incapacity. INFANCY The term infant differ from the term minor. In most cases, legal contracts are voidable if one of the contracting party is a minor. The law states that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for useful contracts of service, that is they would have to pay for the necessary goods and services that they consume. However, it is stated in the British Columbia Infants Act (RSBC 1996 c.223) that all contracts cannot be implemented against an infant, regardless of whether it includes necessities and beneficial contracts of service. If there is a contract between an adult and an infant, adults are bound but infants can break away from the contract at their option, which means that the contract is voidable. The infants may endorse a contract once they have reached a maturity age. In the case of executed contract, the infant cannot avoid debt if they have obtained advantages under the contract, except if what they obtained has no value. Any one of the party can apply to the court upon the termination of contract. MINORS A minor generally cannot form an enforceable contract. A contract entered into by a minor may be canceled by the minor or by his or her guardian. After reaching the age of majority (18 in most states), a person still has a reasonable period of time to cancel a contract entered into as a minor. If, however, he or she does not cancel the contract within a reasonable period of time, the contract will be considered ratified, making it binding and enforceable. If you intend to enter into a contract with a person who is under the age of 18 years it is essential that you give that person the opportunity to consult with a suitable adult about their rights and responsibilities before concluding the deal. This will make it less likely for a dispute to arise about their capacity.A young person is generally bound to a contract for necessaries which includes food, medicine and clothing. Contracts for necessaries can also include contracts for education or employment. However, some other contract s will not be binding on a young person, including contracts for goods or services which are not necessaries and credit contracts. Based on the case study, John has the age capacity to enter into a contract as he is an adult. He was walking alone around SOGO Shopping Complex to do some window shopping. His age has got to be above 18 years old. This is because he is working, and this is illustrated in the sentence as I was very busy with my work, I only managed to go to the shop a week later. Case example: Nash v. Inman [1908] 2 KB 1 The defendant, a minor, purchased a number of waistcoats from the plaintiff. The issue was whether they were necessaries. The court held that the waistcoats were not necessaries as the minor had an adequate supply at the time of sale. It was held that two conditions had to be met before goods or services would be regarded as necessaries. First, the goods or services had to be suitable to the condition in life of the minor (e.g. a minor accustomed to living a life of luxury will have a different condition in life from a minor living in impoverished circumstances). Whether this was the case would depend on the type of lifestyle the minor in question was accustomed to leading. Second, the goods or services had to be suitable to the minors actual requirements at the time of supply. If the minor had an adequate supply of the relevant goods from another source, this requirement would not be satisfied. MENTAL DISABILITY In 1954 the High Court dealt with the issue of a persons soundness of mind when involved in contractual dealings. The court held that it requires, in relation to each particular matter or piece of business transacted, that each party shall have such soundness of mind as to be capable of understanding the general nature of what he is doing by his participation (Gibbons v. Wright (1954) 91 CLR 423).It follows that if a person is so drunk, mentally ill or senile that they have no idea that they are involving themselves in a contract, they will lack the necessary contractual capacity. If however, their mind is affected by their problem, but they are nevertheless aware that they are involving themselves in a contract, the capacity to contract will probably exist unless the other party deliberately takes advantage of their weakness. (This is linked to the way in which the common law and equity deal with unconscionable conduct where a person takes advantage of a person with a disability). Contracts with intellectually impaired persons is void. Similarly, contracts with involuntary mental patients is void. Some types of mental disability may be sufficient to allow a person to repudiate a contract in certain circumstances. Generally, the law is concerned with the lack of capacity arising from mental disability. For example, people who have schizophrenia may have delusions, but if they can manage their own daily and business affairs and look after their personal finances, they may have the capacity to enter into contracts. The mentally disabled persons that the law protects are those who are unable to manage their own affairs or are unable to appreciate the nature and consequences of their actions. Provincial legislation provides that a person can be declared to be unable to manage his or her affairs. If there has been such a judicial finding, contracts made after the judicial finding are void on the grounds that there is a lack of capacity to consent to the provisions of a contract. Contracts made prior to the finding may be voidable. However, if a person lacks capacity because he or she is unable to handle his or her affairs, but there has been no judicial finding, the contracts made are voidable at the option of the person who is mentally disabled. If the contracts are not repudiated, they are presumed to be enforceable. Case example: York Glass Co. Ltd v. Jubb [1925] All ER Rep 285 Jubb contracted to purchase the plaintiffs company business. On the date of contracting, he was technically insane and shortly thereafter was placed in a lunatic asylum. The receiver of his estate, who was appointed under a lunacy statute, repudiated the contract. The plaintiff company sued for damages, alleging the repudiation was wrongful. The court held that a contract entered by someone of unsound mind is valid unless the impaired person can show that the other party was aware, at the time of contracting, that the impaired person was so insane that he was incapable of understanding what he was doing. In this case, there was no evidence to show that the plaintiff company knew or suspected that Jubb had been insane at the point of contracting. The contract was valid and Jubbs estate had to pay damages for not performing the contract. UNDER THE INFLUENCE OF DRUGS OR ALCOHOL If a person signs a contract while drunk or under the influence of drugs, can that contract be enforced? Courts are usually not very sympathetic to people who claim they were intoxicated when they signed a contract. Generally a court will only allow the contract to be avoided if the other party to the contract knew about the intoxication and took advantage of the intoxicated person, or if the person was somehow involuntarily intoxicated (e.g. someone spiked the punch). The law will intervene in some circumstances where someone who is intoxicated enters into an agreement. Intoxication alone is not sufficient, but it can be a defence to enforcement by the sober party, and the intoxicated party may void the contract on the basis of his or her own intoxication in the following circumstances, that is firstly, the intoxicated party, because of the intoxication, did not know what he or she was doing. Secondly, the sober party was aware of the intoxicated state of the other party. Thirdly, u pon becoming sober, the intoxicated party moved promptly to repudiate the contract. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. Thus, even where the sober party is not aware of the intoxicated state of the other party, if there is evidence of intoxication so that it may be presumed, the unfairness or one-sidedness of a contract might result in its being voided. This view moves the law toward a position that an unconscionable agreement permits the court to presume that the sober party had knowledge of the intoxication of the other party once there is evidence of intoxication. Based on the case study, when John bargained for the 6 seater dining set, he was not under the influence of alcohol or drugs. He was well aware of the bargain and he realised that he has entered into an agreement with Comfortable Furniture Sdn Bhd. Case example: Matthews v. Baxter (1873) LR 8 Exch 132 Baxter, while drunk, agreed at an auction to purchase a property. Once sobriety returned he decided that he wished to affirm the contract that had been made by him while drunk. Sometime later he had a change of mind and he sought to rescind the contract, arguing that he lacked capacity to enter the contract by reason of intoxication. The court held that because Baxter had confirmed the contract it was no longer open to him to avoid the contract on the grounds of intoxication. This was despite the fact that he had made out the necessary element of this defence. BANKRUPTCY Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. These individuals would not be able to pay their debts and lose their status as creditworthy. Most states differ on the means whereby their outstanding liabilities can be treated as discharged and on the precise extent of the limits that are placed on their capacities during this time. However, they are returned to full capacity after discharge. In the United States, some states have spendthrift laws where an irresponsible spender is claimed to lack the capacity to enter into contracts. Based on the case study, Comfortable Furniture Sdn Bhd has the business capacity to operate its business. This is because the company is not facing bankruptcy. Therefore, the company has the capacity to enter into a contract or agreement with John. SIGNIFICANCE WHY CONTRACTING PARTIES REQUIRE LEGAL CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACT Not everyone is legally entitled to enter into contracts. Some persons, by their status, are presumed not to have the ability to enter into contracts or have limited rights to contract. Prevention of fraud provides for formality requirements and the protection of persons who lack full capacity to enter into contracts. If there is no capacity, the incapacity party would become vulnerable and weak. If one party lacks the intellectual capacity to protect himself or herself, then the other party may act dishonestly during the bargaining process or takes advantage of a position of trust, or if the other party has expert knowledge of the subject matter of the contract that the weaker party cannot have and takes unfair advantage of that knowledge. Besides that, without capacity, the contract would be void. A contract is void when it involves minors. This type of contract will have no effect as it is not recognised by the court and parliament. Therefore, if there is no capacity, the contract would not be enforceable. The purpose here is to protect the weaker party from the stronger and more able party. This class of persons who lack or have limited capacity to contract include minor and persons under mental disability. The general rule is that minors may not enter into contracts. The reason for this rule is that minors are presumed to be naive, inexperienced, and easily taken advantage of. So, some protection is required to avoid them from being cheated. The law also interferes in circumstances where someone who is intoxicated enters into an agreement. The basis for this approach is not that one party is drunk but that the other party might defraud the drunkard. The contract may not be legal if there is no capacity. If there is no capacity, people with mental disability, minors, and also those who are under the influence of alcohol or drugs would be allowed to enter into contracts. The people who have mental disability and under the influence of drugs or alcohol do not have the mental capacity to enter into contracts. They are unable to think well and they are not able to make a wise decision. So, if there is no capacity, the contract will lose its validity. Case example: Mercantile Union Guarantee Corporation v Ball (1937) An infant haulage contractor who took a lorry on hire-purchase was held not liable for arrears of installments. Case example: Cowern v Nield (1912) It was held that a minor who was a hay and straw merchant was not liable to repay the price of the goods which he failed to deliver. Case example: Doyle v White City Stadium (1935) An infant boxer was held bound by a clause in his contract which provided for forfeiture of his prize money (as happened) he was disqualified. The contract as a whole was similar to apprenticeship. Case example: Valentini v Canali (1889) A minor leased a house and agreed to buy some furniture, paying part of the price. After several months the minor left, and avoided the contract as he was entitled to do. He could not recover the payments which he made for the furniture, however, because he had received some benefit from the contract. Case example: Leslie Ltd v Sheill A minor who lied about his age to obtain a loan could only be forced to return the cash he borrowed.Sheill failed to repay two cash loans he had obtained by falsely claiming to be an adult. The contract was not enforceable (not for necessaries) so the lender asked for restitution of the money on other grounds, including that Sheill had committed the tort of deceit (fraudulent misrepresentation). The English Court of the Kings Bench held that Sheill could not be sued for deceit because that would make a minor indirectly liable for an unenforceable contract. The court could only order restitution if the lender could prove Sheill still possessed the actual notes and coins he had borrowed. Case example: Roberts v Gray (1919) Roberts agreed to take Gray, a minor, on a billiard tour to instruct him in the profession of billiard player. Gray repudiated the contract. The court held that Roberts could recover damages despite the fact that the contract was executory. Case example: Scarborough v Sturzaker A bicycle was a necessary because the minor had only one and used it to travel to work. Sturzaker, a minor, cycled 19 kilometres to work each day. He traded in his old bicycle to Scarborough and made a part payment on a new one. Sturzaker repudiated the contract and refused topay the outstanding amount. The Tasmanian Court held that the bike was a necessary. Therefore, the contract was enforceable and Sturzaker had to pay the money owing. Case example: Hart v OConnor The Privy Council said in Hart v. OConnor(1985) that an insane person who appears sane can rely on the independent and separate ground of unconscionability which relieves abnormal mental weaknesses even short of incapacity. Undue influence may also apply. Case example: Peters v Fleming (1840) Held an expensive gold watch chain was a necessary for a rich young man. Point of law being that it depends on the status of the minor as to whether a luxurious item is deemed a necessary. Case example: Chaplin v Leslie Frewin (1966) Contract was made to write the autobiography of Charlie Chaplin held as binding as it allowed a minor to start to earn a living as an author.However if on the whole a contract is unreasonable, oppressive and not beneficial then it will not be binding. Case example: De Francesco v Barnum (1890) A girl of fourteen was apprenticed to D for seven years in order to learn to dance. D was not obliged to maintain her, nor did he have to pay her unless he found engagements for her. Even when engagements were found, the rate of pay was very low. She could not obtain engagements for herself, nor was she allowed to marry, during the seven years. It was held that the contract was not binding upon the girl, as it was unreasonable, oppressive and not beneficial to her. Point of law is as above. Case example: Gore v Gibson Advanced the view that a contract for necessaries supplied to a drunk could not be maintained if upon sobriety the contract was repudiated. Case example: Hawkins v Bone The action for breach of contract was brought by the vendor of land which was knocked down to the defendant at an action. The defendant purchaser pleaded in defence of his drunkenness but did not allege that the vendor or auctioneer knew of this condition. Pollock C.B., in directing the jury said the plaintiff was entitled to the verdict: unless the defendant was in the state he describes himself to have been, that is wholly incapable of any reflective or deliberate act, so that, in fact, he was utterly unconscious of the nature of the acts he did, for example, having signed the contract and paid his money. Case example: McLaughlin v Daily Telegraph Ltd Holds that a power of attorney executed by a person while insane is void even in respect of actions that take place when the grantor has recovered his sanity; the actions that take place under the guise of the power of attorney are of no effect. Likewise, it is of no consequence that third parties act on the foot of the deed. If, however, the power of attorney enables the lunatic and his dependants to benefit from obtaining a supply of necessaries, an account may be ordered in relation thereto even though the power of attorney itself is void. For the deed to be void, however, it must be shown that the signature is a mere mechanical act and the mind of the signor must not accompany the act. Case example: Cf. Imperial Loan Co. v. Stone [1892] the rule had in modern times been relaxed, and unsoundness of mind would now be a good defence to an action upon a contract, if it could be shown that the defendant was not of the capacity to contract and the plaintiff knew it. Case example: Seaver v. Phelps which was trover for a promissory note, pledged by the plaintiff while insane, to the defendant, the Court were, on behalf of the latter, requested to charge, that although the plaintiff might have been insane at the time of making the contract, yet that if the defendant were not apprised of that fact, or had no reason, from the conduct of the plaintiff or from any other source 380 was held entitled to a decree of foreclosure. It seems equally clear that he is not liable when the other to suspect it, and did not overreach or impose upon him, or practice any fraud or unfairness, the contract could not be annulled. Case example: Beals v. See. it was held that the administrator of a lunatic could not, in the absence of fraud or knowledge of his state of mind, or such conduct on the part of the lunatic from which his disease might fairly be inferred or suspected, recover back the price of merchandise sold to him, even though it was unsuited to the object for which it was purchased, and above market price.
Wednesday, November 13, 2019
bob dylan Essay -- essays research papers
Imagine: Everyday thousands of people get killed in a war no-one asked for. Friends and family are send to a horrible place with little chance youââ¬â¢ll ever see them again. This war, a useless and disgusting war started without any reasons and only goes on because the leaders of your country are too proud to make it end. For millions of American citizens this nightmare became truth. In 1964 the American president Johnson started sending soldiers to Vietnam. At the end of the war in 1972, it is estimated that, in total, over 2,5 million people on both sides were killed. As the war continued, the American people got more and more unsatisfied and angry at their government. They wanted the war to stop, it had been going on long enough and too many people had been killed, president Johnson, ho...
Sunday, November 10, 2019
We only belong because we think we do
What if the world was a big disappointment? What if the way the world we espied wasn't that predictable? The hopes and dreams created to fulfill the emptiness has shifted and molded the perceptions of mankind to think that there is an innate ability to exist with the alliance of others, such as, with people of the same gender,age,interests and most importantly culture. Anthropologists and psychologists propose that Homo Sapiens are not born a self, rather the self is weakened by the surroundings the person is exposed to, known as the ââ¬Ësignificant other'.The significant other refers to ââ¬Ënuclear family, in other words the family you were born into that consists of- in most cases ââ¬â a mother, a father and sibling(s). Thus, external sources have an impact as well, for instance, the ââ¬Ëmodern self. The modern self incorporates ideas such as language, thoughts and status that will cause the ââ¬Ëself to be ranked. Further elaborating the so called ââ¬Ëmodern self groups those around them into a hierarchy of the cultivated all the way through to the not so cultivates ââ¬â savage.Whether evolution occurred or not of apes transforming into humans, and whether e agree with it or not, many significant comparisons can't be obtained from that theory. A significant concept of the human race regarding skin color can be directed to Edward Thorniness theory of trial and error'. What does this theory suggest? Repeated errors continue until success if reached. Error, mutation in the human body repeatedly occurred during the past couple of billion years until ââ¬Ësuccess' was finally reached; the current human body.Yes very debatable, but we can simply take this teary and implement it into our lives. Failure, what does it mean? Most of the time titer depressing, right? However, if failure is viewed from the same angle it was viewed during the study of evolution, it can be life changing. Failure led to success. Which means, technically there is not hing wrong with failing, if you invested a sufficient amount of effort. Sander's failure to be classified as White' rather than ââ¬Ëcolored' was a similar effect of trial and error theory. The back and forth classification of Sander's ââ¬Ëlabel' is a motive of failure.People such as Sandra that Todd up against the law leaded the failure to success' in the time now. Through the hardships and discrimination that they faced helped those people in knows society to be respected and to be seen that they are Just the same as White' people despite the being a different color. The two unlike ideas of the White' and ââ¬Ëcolored' society uniting failed, however, Sandra found it less complicated and easier to conform to the black society than the white race, regardless of the disadvantages she had to face throughout time.Sander's trial was the contrast between the white and black society. The error was being born with the genes she inherited from both white parents that carried black a ncestry, which resulted in Sandra paying a price for it; rather then her parents. For many thousands of years the notion of belonging to somewhere or something was and still is a significant issue. The apartheid era in South Africa began in 1652, with the settlement of Jan Van Rebecca.The natives were criticized for their language, which was mockingly referred as ââ¬ËHottentots', also they were describes to be the lowest of the low[that they adapted] a missing link between humans and pees'. This prejudging of natives exhibited, that the black natives of the country was a class whose weakness was inborn. When the foreigners arrived and observed the native black people they made a Judgment on their behavior that throughout their daily lives of working they were slow people that lacked energy therefore the foreigners concluded that their weakness was inborn.Accepting the native blacks for the Dutch foreigners was a hard limit, because they viewed that blacks low and themselves super ior. Becoming a part of a community that suffered with black and white skin color controversy meant a threat was adhered upon the individuals security, safety and shelter also incorporating that these factors are mentioned in Measles Hierarchy of Needs as the most important obligations for ones survival.As the artificial barriers were removed between socioeconomic classes, society was encouraged to build biological barriers, which allowed status to be ruled by DNA. The most obvious roles of skin is the social label it has on the individual. Skin pigment is inherited from our genetic makeup, but those with the wrong genes are placed in an environment where it is nearly impossible to escape from; known as the apartheid era.In most cases it is seen that ââ¬Ëpeople with dark skins are, in most places, less successful, less healthy and ââ¬â perhaps ââ¬â less contented than those with light. Simply this statement was extracted from ââ¬Å"In the Blood ââ¬â God, Genes, Desti ny' by Steven Jones who stated the general public that thought this way. Thus, stating the obvious the black people are the ones who brought freedom' into today's society. Significant figures such as Muhammad All, Michael Jordan, Malcolm X, Nelson Mandela andSusan Bolt have made the apartheid issue a national problem and brought it to the realization of other people to declare freedom. Belong to a group is a vital need to every individual. However, belonging doesn't come with ease, it takes trial and error to succeed and keeping an open mind to changes. Throughout history it is evident to conclude that keeping an open mind and acceptance towards others around us will bring success and comfort. Thus, if we don't learn from the past there will still be controversy and superiority amount groups due to unethical matters.
Friday, November 8, 2019
Finals Week Care Package
Finals Week Care Package Theres no doubt that cookie-filled care packages raise the spirits of homesick college students, but when exam time rolls around, stressed-out kids need healthier fare. As the parent of a young adult, you know they may be skipping meals or eating more than their share of pizza and guzzling caffeine when what they need is protein, complex carbohydrates and plenty of fruits and vegetables. Instead of shipping cookies, which send blood sugar soaring and then crashing back to earth, try filling that care package with a few of these instead. Healthy Care Packages Fresh organic fruit, such as apples and tangerines, from your garden, favorite market or a fruit delivery service like the Fruit Guys- theyre a San Francisco-based organic fruit delivery company, known for their workplace fruit deliveries. The DormSnack package includes 16 servings of organic fruit, delivered to any dorm ($49 and up).Spicy chipotle-glazed pecans or other energizing nut snacks.Beef jerky or hard salami.Tasty and satisfying whole-grain crackers, or peanut butter-filled crackers.A small jar of natural crunchy peanut butter and a box of graham crackers.Dried fruit such as apricots, cherries, apples, and more. Also, organic fruit snacks are easy to carry around and eat in a pinch.Instant hot cocoa mix, instant hot soup, instant oatmeal- anything healthy that can be made in a microwave is a good idea.A can of bean dip and a bag of chips.Microwave popcorn or popcorn kernels and plain brown lunch bags, which is cheaper and healthier and without the nasty chemicals or oozing fat: Drop a 1/4 cup of popcorn kernels in a paper bag, fold over the top a couple of times and microwave it for a minute and a half to two minutes. A Starbucks gift card.Biscotti, which offer sweet crunch without a lot of sugar.A mini-loaf of homemade chocolate chip pumpkin bread.Sugar-free throat lozenges, Vitamin C lozenges or Emergen-C packets, along with ibuprofen for sore necks from hunching over a laptop for hours at a time.A DIY set of adorable exam worry dolls that will do the worrying instead.An assortment of teas to calm and relax at the end of a stressful day of studying- chamomile, peppermint, and honey ginger are just a few of the more relaxing teas.A lavender-scented body lotion for the girls is one of the most relaxing scents and is often used during massages. A lavender-scented pillow is a great way to help students who are stressed and have a hard time sleeping- a few deep breaths and theyll be off to dreamland in no time.
Wednesday, November 6, 2019
The list of cheap custom essays writing services
The list of cheap custom essays writing services College students are usually seen on the run trying to find help with their assignments. The professors too continue to give paper writing tasks daily. Its involving for students as there are a million lists of essay writing services today. But narrowing your search proves to be more fruitful in the end. Focusing on few custom paper writing services makes selection easy. Cheap custom essay writing services are available online. Such are services that are put in place to help students complete their assignments on time. However many fear the term cheap. It is usually associated with poor and low quality. Many view such a company as one whose services are extremely poor and that is why they charge less. But in the writing industry, comparing cheap with quality can be misleading. There are cheap custom papers whose quality is extremely high and others completely the opposite. When searching for a cheap custom essay writing service, quality is a priority. There is no way you will pay for something whose quality is poor. Students and customers have to see the value of their money. Once you arrive at a cheap custom writing service, request for few samples to check through. This will help you evaluate the quality of the paper before placing an order for cheap custom essays. Here is a list of companies to get cheap custom writings. TopEssayWriting.org This is one of the companies to get cheap custom essay papers. Its prices range from $12.99 to $39.99 per page. Depending on the kind of paper you order from this company, the quality does not change. Besides, customers get to pay even less with the discount programs that are launched seasonally. SmartCustomWriting.com When in search of a cheap custom writing service, consider settling on SmartCustomWriting.com. High school students can place their orders from as low as $12.99 up to $36.99.It handles all essays from high school up to the university at an extremely affordable charge. Quality should not be a factor when ordering with this service. PoweredEssays.com Get your paper in its original shape by placing an order with poweredessays.com. Writers from this service do not compromise the quality of the paper ordered. Their prices vary from $12.99 up to $39.99.They handle writing problems from high school up to the highest academic level. Good cheap custom writings are not easy to find. But with a few help from genuine writing services, customers learn to differentiate the best from the worst. All upcoming services offer similar services and create good websites. It only takes a few tricks to know a cheap custom writing service that really delivers. Asking fellow friends who have used cheap custom writing services can be a great idea. Tired of searching cheap custom papers? Stop wasting your time and find them at our review website! Surf through the provided cheap custom writing services and look at their reviews and testimonials page.
Sunday, November 3, 2019
Write a research-based, argumentative paper on a topic of your Research
Write a -based, argumentative on a topic of your choosing - Research Paper Example Anti-abortionists insisting that the fetus has a right to life just as the mother has a right to live. The opposing side, those who support abortion, argue that since a fetus relies mostly on its mother for sustenance and development over the months prior to its birth, then the life of the fetus does not exist yet and as such, cannot be considered to be a separate life from its mother. Therefore, abortion is a decision that a woman can and must undertake for her own personal or medical reasons. To have laws that ban her right to free herself of the fetus via abortive means violates her rights as a woman and her right to choose. This essay will look into the reasons as to why banning abortion is a violation of womens rights and why those who oppose abortion directly violate the Reproductive Rights of Women. According to Frederica Matthews - Greene, abortion must be opposed because it violates the right of a woman to protect her body. She claims that ââ¬Å"That right must begin when her body begins, and it must be hers no matter where she lives ââ¬â even if she lives in her motherââ¬â¢s womb. The same holds true for her brother.â⬠1 In this line of thinking, it would appear that the right of a woman to her body ends the moment that she conceives a child. Regardless of whether that conception is expected, wanted, or the product of an accident or a crime. In the minds of anti-abortionists, a woman no longer has a right to her body because of the second resident in the womb, who takes precedence over her own safety and concerns. This is an argument that is flawed in every manner. If the life of the fetus does not begin until the umbilical cord is cut and the first cry comes with its first life giving breath, there is no life to actually consider within the womb as the life of what is within relies solely on the existence of the mother and her ability to sustain a secondary life within. Let us remember that the right of
Friday, November 1, 2019
Decision Making Tools Assignment Example | Topics and Well Written Essays - 750 words
Decision Making Tools - Assignment Example According to the research findings, it can, therefore, be said that quote (year) mentioned that the advantage with working with decision-making tools is that they ensure that the approach to decision making is always systematic. It also ensures that the one taking the decision can at least be guaranteed of a certain degree of an outcome, especially when a particular tool proves to be effective for a particular kind of decision (quote). So far in this course, there have been the utilization and use of a number of decision-making tools, all of which have been applied in different scenarios to solve identified problems. In this paper, a toolbox of techniques and analysis tools is constructed. Quote (year) referred to techniques and analysis tools simply as decision tools as they help in easing the whole decision-making process. The toolbox is, therefore, a simple collection of organized tools in a way that makes it possible to use each tool in solving a peculiar problem. When making the decision, there are several tools that can be used to satisfy different goals. One important thing about each of these tools is that they tend to solve one kind of problem or situation better than others (quote). Knowing this, the decision matrix is created by considering a number of factors or scenarios that can arise in any typical decision-making process. Based on differences in the factors, there is a weighting given to each of them. Then after, each decision-making tool is scored against one of the factors. When using the decision matrix for regular personal decisions, quote (year) advised on the need to have an un-weighted matrix before a weighted one. This makes it easier to bring out the key scoring that is done for each tool and how it fits each factor. Table one below is an example of four major decision-making tools may be scored against five major factors when taking the decision.
Subscribe to:
Posts (Atom)