Sunday, March 15, 2020

It is unclear when a contract is formed where Essays

It is unclear when a contract is formed where Essays It is unclear when a contract is formed where Essay It is unclear when a contract is formed where Essay It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Contracts are something that many people are confronted with every twenty-four hours, whether it be when a newspaper is purchased from a newsdealer to commercial contracts dealt with in the class of employment, in fact it has been suggested that the mean individual comes across some 25000 contracts in their life-time. [ 1 ] With the coming of the Internet, online retailing has become an mundane happening. Because of this, it is now of import to research how the jurisprudence associating to contracts is affected ; 1000000s of people all over the universe rely on the Internet on a day-to-day footing, buying a assortment of goods and services ; yet the manner these minutess are governed is non every bit clear as it ought to be. This essay will seek to research how, and more significantly, when a contract is formed via the Internet. If the jurisprudence of offer and credence does non readily use to contracts formed over the Internet, this essay shall seek to analyze how contracts are formed. As has already been mentioned, contracts are a cardinal portion of our day-to-day being and it is of import to get down this piece with a brief definition of what constitutes a contract. The chief portion of this essay will see the impressions of offer and credence and how, if at all, they have evolved to suit the Internet. As it is certain that the international legislative organic structures will hold monitored the state of affairs sing the formation of online contracts, their input shall be given some consideration with a general overview given. By utilizing text editions, diaries, articles and a little sum of Internet resources, this essay will try to determine at what point a contract comes into being via the Intern et and whether the rules of offer and credence do apply. Some consideration will besides be given to acceptance via the traditional postal service as there are some obvious similarities with the usage of electronic mail. On the face of it, there may be some similarities as to when credence occurs ; this essay will analyze this country. This essay will seek to give a clear apprehension how an country of jurisprudence that has multitudes of history traceable for 100s of old ages has been forced to accommodate to suit in with the oncoming of the technological epoch. Any illustrations given in this essay will be in the context of consumer minutess. Because of the planetary impact the Internet has had on our society, it is of import that clip is taken to see the issues environing legal power ; under which country’s legal power shall a peculiar contract be governed by? This shall merely be given really brief consideration as an in-depth analysis is beyond the range of this essay. Because the jurisprudence of contract is embedded in the common jurisprudence, there are many fluctuations on what a contract consists of. The definition that will be used throughout this essay will be taken from a lexicon of jurisprudence: â€Å"A lawfully adhering understanding. Agreement arises as a consequence of offer and credence, but a figure of other demands must be satisfied for an understanding to be lawfully adhering. ( 1 ) There must be consideration ( unless the contract is by title ) . ( 2 ) The parties must hold the purpose to make legal dealingss. This demand normally operates to forestall a strictly domestic or societal understanding from representing a contract. ( 3 ) The parties must hold capacity to contract. ( 4 ) The understanding must follow with any formal legal demands. In general, no peculiar formality is required for the creative activity of a valid contract. It may be unwritten, written, partially unwritten and partially written, or even implied from behavior. Certain minutess are, nevertheless, valid merely if effected by deed†¦or in writing†¦ . ( 5 ) The understanding must be legal. ( 6 ) The understanding must non be rendered void either by some common-law or statutory regulatio n or by some built-in defect, such as operative error. Certain contracts, though valid, may be apt to be set aside by one of the parties on such evidences as deceit or the exercising of undue influence.† [ 2 ] This is a comprehensive definition covering the chief facets of a contract, even though this essay is chiefly concerned with the jurisprudence sing offers and credence. The constructs of offer and credence will be considered farther throughout the class of this essay. An offer is considered to be a willingness to come in into a contract and must be clear, as once it has been accepted a binding contract is formed. Before the contract can be formed, there must be an credence of the offer. This can be given via words or behavior, although it was held in the instance of Felthouse v. Bindley [ 3 ] that silence is non plenty. The regulations associating to offer and acceptance have caused many instances to come before the tribunal. Many have non been capable of accommodating, although they have provided a overplus of instance jurisprudence on the topic. The usage of the Internet has revolutionised the commercial sector. This radical alteration has resulted in the demand for consideration to be given to the formation of on-line contracts. Nowadays, about all types of contract can be made via the Internet, although there are some which can merely be made in composing with both parties physically present. An illustration of this is the sale and purchase of land. Until such clip as the Land Registry can efficaciously implement a safe and unafraid method of subscribing a signature electronically, all contracts associating to the sale and purchase of land must be in composing. This is non the lone signifier of contract incapable of being formed online, but with the uninterrupted development of the Internet, it is envisaged that, at some point in the hereafter, all contracts will be formed online. At this point in the essay, it is of import to pull a differentiation between an offer and an invitation to handle. An invitation to handle should be regarded as an invitation to others to do an offer. The celebrated instance of Fisher v. Bell [ 4 ] is a good authorization on specifying an invitation to handle. A tradesman who displayed a switchblade in his store window was prosecuted for offering the knife for sale, which was a condemnable offense at the clip. In make up ones minding the instance, it was held that by exposing the knife, the tradesman was non offering the knife for sale but ask foring passers-by to originate dialogues. Similarly, in a supermarket, an offer is capable of being accepted or rejected at the check-out procedure [ 5 ] , intending that points in supermarkets should be construed as invitations to handle. A possible job of undertaking with an on-line retail merchant was encountered in September 1999 [ 6 ] . A retail merchant was found to be bespeaking on it’s web site that telecastings were available at ?3. The right monetary value should hold been ?300. Before the retail merchant could take stairss to rectify the job, people had placed orders for the telecasting at the advertised monetary value of ?3. Were the clients accepting the retailer’s offer or doing an offer themselves which gave the retail merchant the pick of accepting it or non? At the clip of telling, the clients provided their recognition card inside informations, which the retail merchant had the pick to decline these inside informations. Therefore, it would be safe to presume that the web site was an invitation to handle, in a similar manner as points in a store are invitations to handle. [ 7 ] There are several methods of instantaneous communicating, which can be used to convey credence of an offer. Possibly the most obvious signifier of instantaneous communicating is face-to-face contact. However, where the Internet is the medium of communicating, face-to-face contact with an on-line retail merchant is about impossible. A particular set of regulations are in topographic point for the postal service, known as the ‘postal regulation, ’ this was devised in the instance of Adams v. Lindsell [ 8 ] and allows an offer to be accepted at the point of posting the credence to the offerer. The thought behind this regulation is that one time a missive has been posted into a station box, the individual posting the missive loses all control of the missive and it comes into the control of the postal service. The tribunals have devised an attack to the usage of instantaneous communicating in relation to online contract formation. In the instance of Entores Ltd. v. Miles Far East Corporation [ 9 ] , a contract was formed through pass oning via teletypewriter. The complainants were located in London and made an offer, which was accepted by the suspects, who were based in Amsterdam. It was decided that the contract was made when the complainants received the credence. In his judgement, Parker LJ held: â€Å"that where parties are in each others’ presence or, though separated in infinite, communicating between them is in consequence instantaneous, there is no demand for any such regulation of convenience. To keep otherwise would go forth no room for the operation of the general regulation that presentment of the credence must be received. An acceptor could state: ‘I spoke the words of credence in your presence, albeit quietly, and you did non hear me, ’ or ‘I telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ’ So far as Telex messages are concerned, though the despatch and reception of a message is non wholly instantaneous, the parties are to all purposes and intents in each other’s presence merely as if they were in telephonic communicating, and I can see no ground for going from the general regulation that there is no adhering contract until notice of the credence was receive d by the offeror.† By and large, the formation of an online contract is the same as the formation of an offline contract. The confusion environing on-line contracts arises when credence is considered. As an illustration, see if the marketer processes the customer’s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ‘send’ button, when it leaves the seller’s e-mail system, when it enters the buyer’s e-mail system or when the purchaser reads it? A little differentiation shall be drawn between the Internet and electronic mail. However, as there is no uncertainty as to the relationship between the two, consideration will be given to both. It has to be said that the bulk of consumer minutess preponderantly take topographic point with small engagement of electronic mail. In some respects, it is rather reasonable to distinguish between the Internet and the usage of electronic mail. Minutess that are formed over the Internet are instantaneous, whereas the bringing of electronic mail may be delayed by hours and perchance yearss depending upon the sum of electronic traffic go throughing through the web. As the ultimate fate of an e-mail can be influenced by extrinsic factors, a more accurate analogy may be made with the postal service. The regulations sing negociating an offer must be considered. When an offer is accepted, if it seeks to add new footings to the offer, the original offer is destroyed and a counter-offer is made. The instance of Hyde v. Wrench [ 10 ] is a perfect presentation of this. Wrench offered to sell his farm to Hyde for ?1000. In response, Hyde said he would pay ?950. When this was declined, Hyde offered to pay the ?1000. The ensuing legal action held that Hyde’s counter-offer of ?950 had destroyed the offer to sell at ?1000. Unusually, non many instances sing contractual relationships created via the Internet have come before the tribunal. This is rather unusual sing that many goods and services have been available to buy online for several old ages. The instance of J. Pereira Fernandes SA v. Mehta [ 11 ] concerned an e-mail sent by the defendants’ helper on the defendant’s instructions, refering a debt. In the electronic mail, sent to the claimant’s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendant’s e-mail reference. The claimant’s canvassers were prepared to accept the offer and communicated this to the suspect explicating that they would direct him the necessary paperwork to formalize the understanding. The suspect neer received the paperwork. The claimant’s canvassers sought to implement the personal warrant given by the suspect in his electronic mail. At first case, it was held that the personal warrant given in the electronic mail was capable of being enforced. On leting an entreaty by Mr. Mehta, Judge Pelling Q.C. stated: â€Å"I have no uncertainty that if a party creates and sends an electronically created papers so he will be treated as holding signed it to the same extent that he would in jurisprudence be treated as holding signed a difficult transcript of the same papers. The fact that the papers is created electronically as opposed to as a difficult transcript can do no difference.† This judgement, given in the Chancery Division of the High Court, shows the bench is get downing to accommodate old contractual rules to embrace modern technological progresss. The International Chamber of Commerce’s Uniform Rules for Electronic Trade and Settlement put forward a proposal that offers and credences made electronically go effectual merely when it enters the information system of the receiver in a signifier capable of being processed on that system. [ 12 ] In order to appreciate the differences between offers and credences, the footings and conditions of several popular web sites have been looked at to measure the different points at which contracts become created. The first set of footings and conditions that were examined were those of Play.com. Paragraph 5 of the footings and conditions [ 13 ] provides: â€Å"No contract for the sale of any merchandise will exist between you [ the client ] and Play.com unless and until Play.com accepts your order by manner of an e-mail confirming that it has received payment in full for all the goods you have ordered. That credence will be deemed for all intents to hold been efficaciously communicated to you at the clip Play.com direct the electronic mail to you ( whether or non you receive that electronic mail ) . This verification e-mail sums to an credence by Play.com of you offer to purchase goods from Play.com or a 3rd party provider that is engaged on your behalf by Play.com† It is apparent that a contract will be merely be formed when Play.com send the verification electronic mail to the consumer. This will do for pass oning the credence to the consumer. Amazon.co.uk take a similar stance with paragraph 13 of their conditions of usage and sale [ 14 ] stating: â€Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receipt†¦Your offer represents an offer to us to buy a merchandise which is accepted by us when we send e-mail verification to you when we’ve dispatched that merchandise to you†¦That credence will be complete at the clip we send the despatch verification electronic mail to you.† Whereas Play.com accept the offer when they confirm reception of payment, Amazon.co.uk wait until they have sent a verification electronic mail corroborating they have dispatched the goods. The gadgetshop.com [ 15 ] differs somewhat as it makes proviso for the cancelling of the contract. In a similar attack to Amazon.co.uk, they merely accept the offer and reason the contract when despatch of the order occurs. With respects to the cancellation of the contract, paragraph 6 of the gadgetshop.com’s footings and conditions provides: â€Å"You may call off your contract with us for the goods you order at any clip up to the terminal of the 20 one yearss from the day of the month you receive the ordered goods. You do non necessitate to give any ground for call offing your contract nor will you hold to pay any penalty.† These methods of offering and accepting are all compatible with The Electronic Commerce ( EC Directive ) Regulations 2002, to be considered in the following portion of this essay. It should be noted that all the featured retail merchants send some signifier of collateral electronic mail. There have been many efforts to codify the jurisprudence associating to undertaking via the Internet. Because of the international nature of the Internet, many of the efforts at codification have been made by international administrations. In December 1999, the Organisation for Economic Co-operation and Development ( OECD ) agreed guidelines on the Electronic Commerce, the end of which was: â€Å".. that consumers shopping online should bask transparent and effectual protection that is non less that the degree of protection that they have in other countries of commercialism. Among other things, they stress the importance of transparence and information disclosure.† [ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in â€Å"A European Initiative in Electronic Commerce† . [ 17 ] The Consumer Protection ( Distance Selling ) Regulations 2000 apply to contracts made by consumers when there is no face-to-face contact with the marketer. This would clearly use to all consumer-related contracts formed via the Internet. When these Regulations do apply, they allow the consumer to call off the contract by giving written notice. This option remains unfastened for a period of seven yearss after having the goods provided under the contract. Protection is besides given to the marketer when they offer things for sale via the Internet. Regulation 11 ( 1 ) ( B ) of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 18 ] provinces that a marketer shall do available to the consumer appropriate, effectual and accessible proficient agencies leting him to place and rectify input mistakes prior to the placing of an order. Regulation 12 provides that an ‘order, ’ as mentioned in 11 ( 1 ) ( B ) means the ‘contractual offer.’ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: â€Å"Treatment of contracts Member States shall guarantee that their legal system allows contracts to be concluded by electronic agencies. Member States shall in peculiar guarantee that the legal demands applicable to the contractual procedure neither create obstructions for the usage of electronic contracts nor consequence in such contracts being deprived the legal effectivity and cogency on history of their holding been made by electronic means.† This ensures that the tribunals must use the same contractual rules to online contracts as they do to contracts created off-line. Article 11 of the aforesaid Directive [ 20 ] goes on to state: â€Å"1. Member States shall guarantee, except when otherwise agreed by parties who are non consumers, that in instances where the receiver of the service topographic points his order through technological agencies, the undermentioned rules apply: the service supplier has to admit the reception of the recipient’s order without undue influence and by electronic agencies, the order and the recognition of reception are deemed to be received when the parties to whom they are addressed are able to entree them. Member States shall guarantee that, except when otherwise agreed by parties who are non consumers, the service supplier makes available to the receiver of the service appropriate, effectual and accessible agencies leting him to place and rectify input mistakes, prior to the placing of the order. Paragraph 1, first indent and paragraph 2 shall non use to contracts concluded entirely by exchange of electronic mail or by tantamount single communications.† It has been demonstrated that under English contract jurisprudence, the offer must be accepted before a contract is formed. This in itself will be sufficient recognition of the order, nevertheless, the Directive places a farther load on the retail merchant because they must so admit the credence the offer. Undoubtedly, because of the planetary nature of the Internet, it should ever be considered which legal power would be used to regulate the contract. Should a contract fail to advert the regulating legal power, an of import factor to be considered would be in what legal power was the contract finalised. In this regard, peculiar attending should be paid to the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, although any farther analysis of this country is beyond the range of this essay. In decision, those who enter into contracts over the Internet must be offered some protection. If the jurisprudence of offer and credence does non readily use to such minutess so the whole impression of e-commerce becomes unstable. When a contractual difference comes before the tribunals, the bench have to turn to instance jurisprudence, some of which is 100s of old ages old. Through broad reading of the judgements given in these old instances, the tribunals are able to widen many of the rules already in being. The judgement in J. Pereira Fernandes SA v. Mehta [ 21 ] merely goes to exemplify the court’s avidity to supply those who enter into any signifier of on-line understanding with some protection. There is surely a clear differentiation drawn between the usage of the postal service and the usage of instantaneous communications, such as electronic mail. The illustrations given within this essay have demonstrated that contracts are formed at somewhat different times: either when reception of payment is received or the goods purchased under the contract are dispatched. However, there is small uncertainty that contracts are formed. The legislative governments, such as the European Union, have clearly appreciated the fact that in order for a contract to be formed, there must be an offer, which must be accepted. This is a basic foundation of contract jurisprudence which has been embedded in the common jurisprudence system of this state for 100s of old ages. As a consequence, this essay seeks to differ with the averment that the jurisprudence of offer and credence does non readily use to minutess formed over the Internet. By working in concurrence, the usage of electronic mail and the Internet can get the better of the jobs that may be encountered with the formation of contracts over the Internet. 3734 words. It is ill-defined when a contract is formed where communicating is via the Internet. The jurisprudence of offer and credence does non readily use to such minutess. Discuss. Adams v. Lindsell ( 1818 ) 1 B A ; Ald.681 A European Initiative in Electronic Commerce hypertext transfer protocol: //www.bakernet.com/ecommerce/european % 20ini % 20ecom.pdf as at 25ThursdayJuly 2006. Bygrave, L.A. A ; Foss, M. International Consumer Purchases through the Internet: Jursidictional Issues pursuant to European Law. I.J.L A ; I.T. 2000, 8 ( 2 ) , 99-138. Conditionss of Use and Sale of Amazon.co.uk: hypertext transfer protocol: //www.amazon.co.uk/exec/obidos/tg/browse/-/1040616/ref=cs_hd_lp_3/026-2738009-7862032 # sale as at 26ThursdayJuly 2006. Directing 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal facets of information society services, in peculiar electronic commercialism, in the Internal Market, â€Å"Directive on Electronic Commerce.† Entores Ltd. v. Miles Far East Corporation [ 1995 ] 2 All E.R. 493 Felthouse v. Bindley ( 1862 ) 11 CBNS 869 Fisher v. Bell [ 1961 ] 1 Q.B. 394 Hyde v. Wrench ( 1840 ) 3 Beav. 334 IOLIS, 10ThursdayAnniversary edition, Law Courseware Consortium, School Of Law, University of Warwick. J. Pereira Fernandes SA v. Mehta [ 2006 ] EWHC 813 ( Ch ) Lloyd, Ian.Legal Aspects of the Information System. Butterworths, 2000. Martin, E.A. A Dictionary Of Law, Fifth Edition. Oxford University Press, 2003. Perritt Jr. , Henry. Law and the Information Superhighway. Wiley Law Publications, 1996. Pharmaceutical Society of Great Britain v. Boots Cash Chemists ( Southern ) Ltd. [ 1952 ] 2 All E. R. 456. Roger, Kevin. Signing your e-life off. 156 N.L.J. 833. Stone, Richard.The Modern Law of Contract, Fifth Edition. Cavendish Publication, 2002. Stone, Richard.Contract Law 2005-06, Sixth Edition. Cavendish Q A ; A Series, 2005. Footings and Conditionss of Play.com: hypertext transfer protocol: //www.play.com/HOME/HOME/navfoot/5-/AboutUs.html? page=terms as at 26ThursdayJuly 2006. Footings and Condtions of The Gadgetshop.com: hypertext transfer protocol: //www.thegadgetshop.com/pws/TAndC.ice as at 26th July 2006. Upex, R. A ; Bennett G.. Davies on Contract, Ninth Edition. Thomson Sweet A ; Maxwell, 2004. 1

Friday, February 28, 2020

Outline Essay Example | Topics and Well Written Essays - 500 words - 6

Outline - Essay Example It is important to focus on this issue as water is the primary necessity in life. Business leaders or managers need to come up with appropriate business strategies in line with cost-effective and affordable water supply for everyone. Regarding this, the research will try to analyze the potential impacts of instituting business-related clean water production in the business organization. Furthermore, this paper aims to substantially forecast probable actions in clean water production in order to keep up healthy business for the private sector while ensuring enough supply of water delivery particularly in the US. A. An average American in 2004 was found to consume maximum of 600 liters per day (Kirby, 2004). This means that the US substantially consumes huge volume of water supply in the whole year while its population at the same time comes to a staggering increase. C. Since then, just prior to climate change, the US tries to increase the supply of drinking water for its increasing population by employing remarkable tie up with private water delivery (Perard, 2009). D. However, the choice between private or public water delivery is not a question of efficiency but on the following components: â€Å"difference of cost of funds, transaction costs of outsourcing, difference of efficiency and potential political cost of privatizing† (Perard, 2009, p.193). E. It is therefore important to analyze water delivery based on the above components in order to critically consider its potential impacts on the business organization and forecast substantial business strategies that could benefit both the public and private business sectors. A. The political setting in the US could be conducive for maximizing private water delivery as the country is highly motivated to maintain order in its water resources management such as in the case of water resources in Arizona (Bolin, Collins & Darby, 2008). Bolin, B., Collins, T., & Darby, K. (2008). Fate of the verde:

Tuesday, February 11, 2020

The notion of Peace Essay Example | Topics and Well Written Essays - 750 words

The notion of Peace - Essay Example This paper will evaluate Dr. Abigail Forsythe’s argument. Question 1: Conclusion of Dr. Abigail Forsythe’s argument In summarizing Dr. Abigail Forsythe’s argument, it stands to be vague as opposing peace portrays a senseless mind. Trying to justify the activities of the armed forces as a way of bridging peace comes out as under reasoning. Instead of stating that people should have given war a chance in 1939 and peace in 1946, the chance of peace should have been embraced in both 1939 and 1946. This would have saved people a lot of suffering. As long as individuals remain imprisoned in the field of self-oriented reasoning, they can easily justify their brutality to others. They excuse their tough eyes and supremacist rankings, ignoring the suffering they cause to others, and continue on rationalizing their actions and blocking awareness of the reality of their feelings and their fundamental oneness with other humans. Question 2: Important premises of Dr. Abigail F orsythe’s argument Dr. Abigail Forsythe’s argument has four main premises, of which some stand as cogent arguments and some as irrational. One premise holds that saying people should not avoid war because of its inconveniences is insane because they do not avoid giving birth to babies even though they come with their own inconveniences. The second vital premise is based on the reason why parents have to take care of their babies. This argument is valid because every parent, despite the hardships, should dictate the course of the children; this stands as their sole reason of bringing them to this world. The third premise stands at trying to justify Canada’s war against Hitler and Mussolini versions of fascism. The premises try to justify that it is Canada’s own right to fight for its rights in a war. This argument is vague as it does not spell out other options that Canada could opt for; hence it stands as an irrational argument. Any reasonable person woul d have thought of other options in the place of Canada instead of engaging in fights. The fourth point, trying to seek peace, lies in the people’s own context, hence is irrational. The premise tries to justify that the country was right to seek war in 1939 and seek peace in 1946. The reasonable fact should be that peace should have been sought in 1939, and more peace in 1946. For this reason, Dr Abigail Forsythe’s argument, for seeking war in 1939, is irrational. Question 3: Quality of Dr Abigail Forsythe’s argument Dr Abigail Forsythe put out an argument whose thesis stood mostly of opposing the wrong things. The argument tried to justify the right things that people do. Some of the fallacies in the argument are as follows: it stands wrongly to avoid war because there is much more to avoid than the inconveniences of deaths on sufferings. The second argument, which can be viewed as a good argument, is the one that says parents have the duty of looking after thei r children, not for any other reason, but because they brought them to this world. The third fallacy trying to justify Canada’s fighting as a measure of doing what stood to be right then shows a lack of reasoning. Other options like peaceful mediation would have been adopted instead of going to the battle field to sort out issues. As a result of the battle, many lives were lost, the losing country lost its dignity, and property was destroyed. In the pursuit of peace, Canada, Germany and Italy could have

Friday, January 31, 2020

The Gathering Essay Example for Free

The Gathering Essay This essay is an analysis of the novel ‘The Gathering’ by Isobelle Carmody. The novel is about good and evil, inner struggle, human nature, conformity and individuality, friendship and cooperation. The main group character is Nathanial and he is in a teenager group, called ‘The Chain’. The people in the group are Nathanial, Nissa, Lallie, Seth, Danny and Indian. Nathanial is a new boy to the school because he and his mother have been moving frequently since his parents were divorced. Their house is in the seaside town of Cheshunt, but Nathanial doesn’t like it because it sits in the town’s bitter wind and abattoir stench, as the primary reasons. This essay will discuss how Isobelle Carcomdy successfully constructs Nathanial to represent a marginalised teenager who the reader feels sympathy for. Nathanial is 15 years old. He and his mother move to Cheshunt and he goes to the Three North School, where it is the most evil things were has taken place. He likes ‘The Chain’ member Nissa. He is trying to find the idea of fighting the darkness and ‘The Circle’ are praising witchcraft however he feels so isolated and lonely in the new school he is happy to join. Nissa, she is hardened and guarded wild orphan girl because her heart broken as a young girl of her desirable mother’s many boyfriends, she become claim to be in love with her and then rejected and humiliate her, on page 182 she said ‘ I made a vow to myself then, that I’d never love anyone again. Not like that. From then on, I relied on nobody and took care of myself. She get viciously and emotionally damaged and never let anybody remotely attached to her. In the story she is the sword of the strength. Frank, his name is Indian, he is a young man with a pony tail, page 158 he said ‘I don’t fight back because I deserve to be hurt. It is because of Jenny. That’s my punishment. ’ Before he bears over the brain damage his younger sister many years ago, so he is the bowl of healing. Seth, he is the least central member of the Chain he is a hopeless alcoholic and emotionally weak in chapter 18 he is unrequitedly in love with Nissa, he is attempts to commit suicide, he is the eye seeks. Seth’s father is the head of the Cheshunt Police Division and reports to Mr. Karle. Seth is not the same side and the power with his father and join the Dark but at the last minute redeems himself and forgiveness of the chain. To conclude, this essay has discussed Isobelle Carmody is a person who wrote the reality war, it set the time and place are real in the novel it discussed what is good and evil, like Nathanial he make this character successful because it brings out when he moved to another new place and have a good start with evil versus good but he never give up and try to learn many things with other people.

Thursday, January 23, 2020

Essay --

Aim: To measure the amount of oxygen takes in by the maggots and peas with the help of a respirometer in the experiment. Introduction: Respiration is the process by which organic molecules are broken down in a series of stages to synthesize ATP. Respiratory quotient is a measure of the ratio between oxygen an organism takes in and carbon dioxide the organism eliminates. The use of a device called a respirometer is used to measure an organism’s respiratory quotient by measuring the gases the organism takes in and exhales. Metabolism is all the chemical processes that take place in living organisms for example breathing, circulating blood and controlling body temperature. Since the peas and maggots used in this experiment are living things, they could affect the result since they both expire aerobically and take part in metabolism. With respiration of carbohydrates, the food is then converted to carbohydrates usually hexose sugar before being respired. There is an oxidation of glucose to carbon dioxide and water with the release of energy. Oxygen + glucose → Carbon dioxide + water + energy (in the form of ATP) When there is no use of oxygen it is anaerobic respiration and with usage of oxygen, this is aerobic respiration. In the presence of oxygen there are 4 stages namely glycolysis in the cytoplasm, link reaction and Krebs cycle in the matrix of the mitochondria and electron transport chain in the mitochondrial membranes. ATP is generated when H is lost and used to reduce coenzymes. The reduced Hydrogen carrier can be used to generate ATP by oxidative phosphorylation In the absence of oxygen the Krebs cycle and electron transport system cannot operate and only glycolysis takes place, which yields a two molecules for each g... ... in the sucrose solution contains carbohydrates. Food source would affect respiration, as each food source has a different energy values and respire in a different way. Appendices: This is calculated starting with obtaining the amount of carbon dioxide released by subtracting value b from value a. The respiratory quotient is then found by dividing the volume of carbon dioxide released over the volume of oxygen consumed Peas Maggots Mass (g) 5.60-3.93=1.67 5.06-4.00=1.06 Value (a) with KOH 3.50-2.00=1.50 4.25-2.50=1.75 Value (b) without KOH 3.75-3.75=0.00 3.50-3.00=0.50 Respiratory Quotient per unit 1.00 0.71 1) Volume of CO2 removed by peas is a-b (1.50-0)=1.50 RQ = (volume of carbon dioxide released)/(volume of oxygen consumed) RQ is 1.50/1.50=1 2) Volume of CO2 released by maggots is 1.75-0.50=1.25 With the RQ value is 1.25/1.75=0.71

Wednesday, January 15, 2020

Historical Foundations of the United States Constitution Essay

The United States Constitution is an extremely valuable document .The constitution assisted in creating our modern day United States; The constitution assisted in establishing our administration giving inhabitants privileges and liberty. The Constitution was put in place to give citizens a voice on how the country should be run and to establish laws and principles. There were five manuscripts that were very important in establishing the constitution, (A)The Magna Carta,1215 (B) The Mayflower Compact 1620, (c) The Declaration of Independence 1776, and (D) The Articles of confederation 1777 and (E) The Federalists Papers 1787-1788. The first document was the Magna Carta. The Magna Carta of 1215 was an English Contract whose sole reason was to create boundaries for administrative power. The significant charter was thought to be one of the most significant manuscripts in the founding of equality. The Magna Carta had a profound impact that is plainly observed in the government’s bill of rights and our Constitution. This charter believed that a person was not guilty until the evidence proved that they were guilty. The Magna Carta also stated that a person should have knowledge about the accusations that is placed on them; additional beliefs were people will have the entitlements to have the ruling of their peers prior to sentencing and the entitlements to have a lawyer speak on their behalf. The Magna Carta was written to make sure everyone had equal rights. The next on record was the Mayflower Compact of 1620. The Mayflower Compact was created and autographed on November 11, 1620. The Mayflower compact was created because when the settlers came to what was called the new world they did not have and guidelines or rules to go by the mayflower compact was put in place while awaiting legitimate administration was created. This record was the basis of the united .States Constitution, for the reason that it was the number one form of administration in the united .States .territory. The mayflower compact gave the settlers entitlements, but was governed by the king of England. This type of administration was short lived. The third document was the Declaration of Independence of 1776. This very important manuscript was created to detach the settlements from the country of England. The Declaration of Independence contained five sections the statement of human rights, charges against the ruler and assembly, the preamble, charges against human rights and the statement of separation and signatures. The Declaration of Independence gave the settlements self-government. The Declaration of Independence stated that the settlers had life, liberty and the pursuit of happiness and that all men were created equal. This is inscribed in the constitution. This is the foundation of our present day government. The fourth document is the Articles of Confederation of 1781. The settlements were now federations and they were approved. In the Articles of Confederation there are three branches of government, the judicial, the legislative and the executive branch. The judicial branch gives congress important responsibility to decide the form and construction of the federal judiciary. The Legislative branch contains the House of Representatives and the senate which shaped congress. The executive branch contains the president of the United States and performs as the head of state. Although the administration was just starting to work they were still frail. This caused the government to start over and re- created the Articles of Confederation which became our Constitution. The Articles of Confederation was a very important part of our constitution. The last document is the Federalists Papers of 1787-1788. These papers were created to encourage electorates to approve the constitution. There are about 85 papers that will clarify in part the way our latest administration should precede and the reason why the people should elect to have it. It was unsure who created the federalist Papers but it was believed that John Jay, Alexander Hamilton and James Madison provided the majority of the essays. In order to comprehend the constitution it is a good idea to read these essays first. In conclusion In order to learn how our United States Constitution was born it is a good idea to read these five documents. This will open a window on the reason why the constitution was created and how it was created. This will show how the modern day government was created. These documents did not have large parts in how the constitution became the constitution. If we did not have these individual documents are country may not have equality or we may not be able to voice our own opinions.

Tuesday, January 7, 2020

The Corrupt Characters in Othello by Shakespeare - 625 Words

Corruption means an abuse of a position of trust in order to gain an undue advantage. In the book â€Å"Othello†, written by Shakespeare, there were many characters who were corrupted and created chaos. But the one who really stood out to me as the most corrupted was a character in the book named Iago. Iago, is the center character everything mainly revolves around in this play, uses different methods to corrupt the leading character of the play, Othello. Othello was an African man who was a high class general of venice. In the play, Iago is portrayed as a smart ,manipulative man, who does anything in his power to get his way. In this world there are many â€Å"Iagos† lurking around in the shadows. Such as the O.J simpson case. Which is relatable to Iago in a way. The source of why Iago created corruption and disturbed the peace in Othello life has many reason. But as the villain, Iago has two main reasons he hates Othello because he is jealous and hates him. Iagos r easons for why he hates Othello is because he believes that Othello made love to his wife. â€Å"I hate the Moor And it is thought abroad, that twixt my sheets He has done my office: I know not ift be true;But I, for mere suspicion in that kind,Will do as if for surety.† (1.3.55 line 431-433) Another reason why Iago is mad is because Cassio was chosen to be Lieutenant instead of himself. â€Å"One Michael Cassio, a Florentine, A fellow almost damnd in a fair wife-That never set a squadron in the field, Nor the division ofShow MoreRelatedSocial Context of Othello667 Words   |  3 Pagesproduction of William Shakespeare’s â€Å"Othello.† The famous playwright was in the midst of his tragedy period, penning such classics as â€Å"Hamlet,† â€Å"King Lear,† and â€Å"Macbeth.† The story of â€Å"Othello† has its roots in the historical events and cultural atmosphere of the late 16th and early 17th centuries. It was a common practice of playwrights at the time to borrow or lift plot ideas from other preexisting stories, and Shakespeare was no exception to the rule. The plot of â€Å"Othello† most closely resembles a 1565Read More The Nature of Evil in William ShakespeareÂ’s Othello Essay1656 Words   |  7 PagesWilliam ShakespeareÂ’s Othello uses different and unique techniques in his language to express the nature of evil throughout the play. Verbal twists and the characters most importantly stress the act of evil. Iago, most of all is portrayed as the “villain” or “protagonist in the play. Shakespeare uses this character to set the basis of evil. Each plot point is spiraled further into tragedy due to the nature of Iago and his manipulative language towards the other main characters. Corruption overcomesRead MoreNature of Evil in Othello1704 Words   |  7 PagesThe Nature Of Evil In Othello The Nature of Evil in Othello William Shakespeare’s Othello uses different and unique techniques in his language to express the nature of evil throughout the play. Verbal twists and the characters most importantly stress the act of evil. Iago, most of all is portrayed as the â€Å"villain† or â€Å"protagonist in the play. Shakespeare uses this character to set the basis of evil. Each plot point is spiraled further into tragedy due to the nature of Iago and his manipulativeRead MoreOthello: Good vs Evil1525 Words   |  7 PagesMain Characters William Shakespeare’s Othello is a classic depiction of a struggle between good and evil. In the play,, the characters are faced with the choice to either conquer or succumb to the overpowering force of evil. Shakespeare places his characters on a sort of spectrum in which a character’s amount of god or evil can be represented by a shade of color: black representing pure evil, white representing absolute goodness, and a shade of grey exemplifying the nature of all characters thatRead MoreOthello presents women as the victims of men1276 Words   |  6 Pagesï » ¿To what extent do you agree that in â€Å"Othello† Shakespeare presents women as the tragic victims of men? Throughout ‘Othello’, Shakespeare uses the manipulation of the protagonist, by the antagonist, Iago, to present a play controlled by men. In such a male dominated society, Shakespeare presents the women in the play as tragic victims at the hands of their husbands, in particular Desdemona and Emilia. Throughout this essay I will relate to the Aristotelian and Senecan descriptions of tragedy toRead MoreThe Tragedy Of Othello The Moor Of Venice Essay1743 Words   |  7 Pages ‘Without setting, characters are simply there, in a vacuum, with no reason to act and most importantly, no reason to care.’ The setting gives place for a narrative to begin and evolve from, without a strong setting some texts may be difficult to interpret without extra contextual and historical knowledge of the time period of which it was written. Shakespeare’s The Tragedy of Othello the Moor of Venice written 1603 was set in Italy, in the Venetian Republic . This setting was gaining popularityRead MoreThe Tragedy Of Othello By William Shakespeare938 Words   |  4 Pagesâ€Å"The Tragedy of Othello† is commonly considered one of Shakespeare s greatest tragedies and one of his finest works. In this play we see many literary devices at work. Several of these devices are involved in Iago’s deceitful plot against Othello that creates much suspense for the duration of the play. In â€Å"The Tragedy of Othello,† William Shakespeare uses symbolism , irony, and tone to create this classic drama. Symbols are central to understanding â€Å"Othello† as a play. There are two significantRead MoreOthello, By William Shakespeare Essay1203 Words   |  5 PagesDramatic play entitled Othello is an unusual story full of jealousy, dark misunderstandings, lies, and regrets. Following Aristotle s definition of a true tragedy, where does the tale of Othello fall? Is Othello too dramatic too be considered a tragedy or does it barely fall along the lines of tragic? Shakespeare s innovation with poetry and dramatic plays have been recognized by critics and playgoers throughout the centuries (Lee,1899). The Bard s play entitled Othello, is among some of the mostRead MoreOthello, By William Shakespeare1218 Words   |  5 PagesIn a historical time period where emphasis was shifting from religion to race and ethnicity, key indicators of differences that perpetuated into racial prejudice and racial ideologies are evident in Othello by William Shakespeare. Although racism was not fully formed at this moment in history, Othello can be interpreted as a representation and an exploration of this shift in ideology. In the past, before this change toward racial differences, religion was the major segretory factor in signifyingRead MoreEssay on The Major Themes in William Shakespeares Othello934 Words   |  4 PagesThe Major Themes in William Shakespeares Othello Irony and double meaning are the basis and patterns of Othello, in which nothing is what it seems to be; white is black and generally the characters and themes have contradictory aspects. Irony is one of the characteristics of tragedy as the outcome, although inevitable, is unfair. In Act 1 scene 1, Shakespeare sets up the main themes of: jealousy, revenge, xenophobia and racism, love, outward appearance and inward