Sunday, May 17, 2020
Poverty Notes - 3311 Words
Poverty: Poverty is the lack of basic human needs, such as clean water, nutrition, health care, education, clothing and shelter, because of the inability to afford them. . Relative poverty is the condition of having fewer resources or less income than others within a society ,or compared to worldwide averages. About 1.7 billion people live in absolute poverty; before the industrial revolution, poverty had mostly been the norm CAUSES OF POVERTY: Education: Lack of education keeps children from obtaining jobs that would lift them and their families out of poverty. Often, children are kept from school because they are needed at home to support their family with additional income. Health: Poor health decreases the amount ofâ⬠¦show more contentâ⬠¦For example, from 1990 to 1993, the period encompassing Desert Storm, per capita GDP in Iraq fell from $3500 to $761. The drop in average income, while a striking representation of the drop in the well-being of the average Iraqi citizen in the aftermath of the war, fails to capture the broader affects of damages to the infrastructure and social services, such as health care and access to clean water. Agricultural Cycles: People who rely on fruits and vegetables that they produce for household food consumption (subsistence farmers) often go through cycles of relative abundance and scarcity. For many families that rely on subsistence production for survival, the period immediately prior to harvest is a hungry period. During these periods of scarcity, many families lack sufficient resources to meet their minimal nutritional needs. Being familiar with these cycles has enabled development practitioners to anticipate and prepare for periods of acute need for assistance. Droughts and Flooding: Besides the immediate destruction caused by natural events such as hurricanes, environmental forces often cause acute periods of crisis by destroying crops and animals. Natural Disasters: Natural disasters such as hurricanes and earthquakes have devastated communities throughout the world. Developing countries often suffer much more extensive and acute crises at the hands of naturalShow MoreRelatedA Brief Note On The Poverty Of The United States1482 Words à |à 6 PagesPROPOSAL ESSAY 1 Proposal Essay TASK 3 Topic: Causes of the chronic homelessness in the US. Laura Wright Western Governors University WGU Student ID #000478444 PROPOSAL ESSAY 2 The United States has a homeless population of more than a half million people. The homeless assistance programs are overloaded, leaving nearly one third of that half million unsheltered, sleeping outside on the streets, or in makeshift tent citiesRead MoreA Brief Note On Poverty And Its Effects On The United States1015 Words à |à 5 Pages2. Poverty In 2013 more than half of the Honduran population lived below the poverty line, with six out of ten rural families living in extreme poverty. Honduras also ranked among the most unequal countries in the region, and its middle class was among the smallest in LAC. Low levels of economic inclusion, limited social mobility, and the extreme vulnerability of lower income households to a wide range of shocks have made poverty in Honduras especially deep and intractable. Over the past 15 yearsRead MoreA Brief Note On Poverty And Mental Health Essay1351 Words à |à 6 PagesPoverty and Mental Health Poverty affects us all in society because money can cause all different types of types of stress. Some of the subjects I will be going over are how mental illness can be a contributing factor to poverty, drug addictions and the solutions I think would assist with these illnesses as well as employment opportunities that are diminished because of addictions and mental disorders. Sometimes this stress can lead to a mental disorder or in some cases addictions depending on howRead MoreAnalysis Of Mirror Vs. Suicide Note1222 Words à |à 5 Pagesââ¬Å"Mirrorâ⬠vs ââ¬Å"Suicide Noteâ⬠Poetry is a type of literature that uses rhythmical composition to implement the reader with beautiful, imaginative or elevated thoughts (dictionary.com). Two of the finest poems during their time wereââ¬Å"Mirrorâ⬠, by Sylvia Plath, and ââ¬Å"Suicide Noteâ⬠, by Janice Mirikitani. Sylvia Plath was a troubled poet; throughout her life she had dealt with major depression. During college she attempted to put an end to her life by taking sleeping pills; she was placed in a mental instituteRead MoreIt is a fact that every day, 22,000 children die that live in poverty. It is a fact that more than800 Words à |à 4 PagesIt is a fact that every day, 22,000 children die that live in poverty. It is a fact that more than 3 billion people live on less than $2.50 a day. In Africa, it is a fact that one in four people go hungry. Poverty is a very devastating topic. Poverty is having little to no money for everyday necessities, shelter, food, or a source of income. People who liv e in poverty have a lack of financial resources. People in poverty live without shelter, do not have clean water, donââ¬â¢t have access to doctorsRead MoreHow India s Rich Poor Divide Affects It1302 Words à |à 6 PagesIntroduction In my Global Perspectives Project I will be talking about how Indiaââ¬â¢s rich-poor divide affects it. I chose this subject because I truly find it fascinating how Indiaââ¬â¢s poverty and wealth is so fart apart. Indiaââ¬â¢s population escalates from multi million airs to an unbelievable amount of people under the poverty line. I believe that this issue can be solved but over centuries. Of course this isnââ¬â¢t the only problem in India but I find it the most intriguing. Another reason why India is fascinatingRead MoreEconomic Inequality And Its Effects On Economic Growth1709 Words à |à 7 Pagesbetween the rich and the poor. The direct relationship between inequality and poverty has shown that while inequality increases, so too does poverty. Increased inequality is harmful for economic growth and its effects also bear social implications. Although there are arguments on the consequences of wealth redistribution and its unintended impact on economic growth, wealth sho uld be redistributed to reduce inequality and poverty, sequentially leading to more economic development and a higher standardRead MoreTrying to Erradicate Poverty and Extreme Poverty1351 Words à |à 5 Pages Almost half of the world lives on less than $2.50 a day. The very poor suffer from lack of access to safe food and water, basic education, and medicine. For many of the worldââ¬â¢s countries, poverty is prevalent. While almost half of the world lives in poverty, the rich continue to get richer. In 2005, the poorer 10% only accounted for 0.5% of the worldââ¬â¢s share of private consumption, while the richest 10% accounted for 59% of consumption (Shah 1-4). There is an increasing inequality gap. The worldRead MorePoverty Case Study1277 Words à |à 6 PagesPoverty The concept of poverty, when applied in both developing and developed country contexts, needs to be broadened beyond a uni-dimensional concentration on a personââ¬â¢s lack of financial resources. It is widely agreed that the relationship between poverty and education operates in two directions: poor people are often unable to obtain access to an adequate education, and without an adequate education people are often constrained to a life of poverty. However, before addressing the interrelationshipsRead MoreSocioeconomic Factors Of A Student s Life And Lower Academic Outcomes1711 Words à |à 7 Pageshigh-income families and low-income families is widening (Grattan, 2014 June). And, at 12.8% (Ewing, 2013), people below the poverty line are a significant portion of the population. While these figures are already high, they do not represent the full scope of the problem which includes families above the poverty line but below the established middle class. A caveat to note here is tha t advantages and disadvantages exist among all positions in society, however this paper is concerned with academic
Wednesday, May 6, 2020
Dracula Mina Harker and Lucy Westenra - 1127 Words
In the novel, Dracula, by Bram Stoker, we are introduced to two specific ladies that are essential to the essence of this gothic, horror novel. These two women are Mina Harker and Lucy Westenra. The purpose for these two women was for Stoke to clearly depict the two types of women: the innocent and the contaminated. In the beginning, the women were both examples of the stereotypical flawless women of this time period. However, as the novel seems to progress, major differences are bound to arise. Although both women, Lucy and Mina, share the same innocent characteristics, itââ¬â¢s more ascertain that with naà ¯ve and inability of self control, Lucy creates a boundary that shows the difference between these two ladies and ultimately causes herâ⬠¦show more contentâ⬠¦The characteristic that successfully saves her was her ability to continue to be strong and continue to control herself. Lucy, on the other hand, usually was weak and she didnââ¬â¢t even try to fight off Dracu la. She often tries to not recollect the events that occurred between the two. In the end, Mina was able to actually go back to her old habits and be back into a pure state, while Lucy, sadly, was not able to. Lucy turned into a vampire, and as a vampire her terrible characteristics were more apparent than those of when she was pure. While Lucy was a vampire, he eyes were ââ¬Å"unclean and full of hell-fire, instead of the pure, gentle orbs we knewâ⬠(222-223). Lucy was not only an active threat to children but her desires for the men of the land also posed an active threat. At one point, Dr. Seward recorded, ââ¬Å"at that moment, the remnant of my love passed into hate and loathing; had she then been killedâ⬠¦Ã¢â¬ (223). Both Lucy and Mina get to a common phase of purity but since Lucy has a lack of self control and she has unexpected childish qualities, she eventually had to get back her qualities of innocence in her death. The two main women of Dracula both have ver y similar qualities. Other than that, they also have the same strong differences. In this time era, women were represented as this perfect, loving, and intimate person; however, they often liked to drift from this stereotype of perfection. TheShow MoreRelatedAnalysis of Bram Stokers Dracula672 Words à |à 3 Pagesï » ¿DRACULA BY BRAM STOKER The epistolary form of the novel consists of a narrative based on letters, diary entries, newspaper clippings and other documentary records. It helps to bring realism into the narrative by lacing it with personal and historical references. It helps to add believability by incorporating a variety of perspectives on the events and characters in the novel. This form works for Dracula because the log of the ship captain and the diary entries of Jonathan Harker provide personalRead MoreEssay on A Summary of Bram Stokers Dracula1054 Words à |à 5 PagesA Summary of Bram Stokers Dracula Dracula is an epistolary novel, meaning that is composed from letters, journal and diary entries, telegrams, and newspaper clippings. Jonathan Harker, Mina Murray (later Mina Harker), and Dr. Seward write the largest contributions to the novel although the writings of Lucy Westenra and Abraham Van Helsing constitute some key parts of the book. The novel has a slightly journalistic feel, as it is a harrowing account supposedly written by the people who witnessedRead MoreThe Ideal Victorian Model Of Bram Stoker s Dracula1332 Words à |à 6 PagesBram Stoker s novel, Dracula was written during the late nineteenth century and is commonly classified as a horror novel. Further analysis, however, has brought to light the buried symbols and themes of sexuality that the novel holds within it. Due to its female sexual symbolism, the novel draws the attention of most men, as exploring these female forbidden themes were more of a fantasy for them than reality. As Dracula was set in the Victorian culture, it is shown to encompass all the beliefs andRead MoreDracula Archibald Constable And Company 261217 Words à |à 5 Pages1) Stoker, Bram. Dracula Archibald Constable and Company 26 May 1897, EBook 2) Copyright Date 1897, Horror fiction/Gothic fiction. This story was written in the 15th Century, during the Victorian time period. The three characteristics it portrays are good and evil, not to judge someone before you know them and man vs. himself 3) Man Vs. Himself There are clear clashes between characters; in any case, the focal clash is amongst man and his feelings of trepidation. Dracula really speaks to malice;Read More Dracula by Bram Stoker Essay1728 Words à |à 7 Pages A good example of this is the book Dracula by Bram Stoker because the author expresses the nature of good vs. evil. Dracula wants to come to London because he wants to turn everyone into vampires. The basic background of the book Dracula is when Jonathan Harker, a realtor who is sent to Transylvania to complete a transaction with Dracula so he can come to England. What Harker does not know is that Dracula has a plan for world domination. Well, while Harker is on a train to Transylvania he entersRead MoreCourtroom Case : Phyllis A. Roth Essay1558 Words à |à 7 Pagesbecause she is also a Freudian. A better term to describe Roth would be a psychoanalytic feminist. One of her works as an author can be found in the back of the book Dracula: A Norton Critical Edition. Her criticism article is titled Suddenly Sexual Woman in Bram Stokerââ¬â¢s Dracula. In her article she analyzes the famous novel Dracula. She explores how gender plays a role in the novel and the concept of femininity. She writes about the transformation that takes place when a proper lady turns into aRead MoreComparison : Dracul Lucy And Mina Similarities And Differences1361 Words à |à 6 PagesEssay Dracula: Lucy and Mina Similarities and Differences Bram Stoker s novel, Dracula, written during the late nineteenth century and commonly classified as a horror novel. Further analysis of it, however, has brought to light the buried many symbols and themes of sexuality that the novel holds within it. Due to its female sexual symbolism, the novel often draws the attention of most men, as exploring these female forbidden themes are more of a fantasy for them than reality. Also, Dracula was setRead MoreLiterary Analysis : Bram Stoker s Dracula1285 Words à |à 6 Pagesthe duality of certain themes common in gothic literature as strange and frightening yet familiar, further explaining that the ââ¬Å"uncanny effect is produced by effacing the distinction between imagination and reality.â⬠(Freud pg.396) Bram Stoker s, Dracula, captures the thematic zeitgeist of gothic Europe; the repression and trappings of a rigid and formal society masking the carnal and base desires of the population at large. Freud s analysis of the uncanny, of attraction mixed with disgust, laysRead MoreSimilarities And Differences Between Bram Stoker s Dracula1362 Words à |à 6 PagesEssay Dracula: Lucy Mina - Similarities and Differences Bram Stoker s novel, Dracula, written during the late nineteenth century and commonly classified as a horror novel. Further analysis of it, however, has brought to light the buried many symbols and themes of sexuality that the novel holds within it. Due to its female sexual symbolism, the novel often draws the attention of most men, as exploring these female forbidden themes are more of a fantasy for them than reality. Also, Dracula was setRead MoreDracula by Jonathan Harker763 Words à |à 3 PagesMina Murray-Harker, like all women, is one of the most complicated characters throughout the novel. She can bring all the men together to kill Count Dracula, including the three men who were in competition for Lucy Westenraââ¬â¢s love, and has a mind of her own and that of a males. She is highly spoken of by Van Helsing, ââ¬Å"She is one of Gods women, fashioned by His own hand to show us men and other women that there is a heaven where we can enter, and that its light can be here on earth. So true, so
Considering Elvis free essay sample
Considering Elvis Abstract A contract is formed when the offerer promises to do or not to do something. Acceptance is the offeree agreeing to do what is requested in the offer. An offer may end in several ways, in particular, by the death of the offerer or offeree. In order for the agreement to be effective both parties to contract must give consideration, the offer must be serious, and clearly stated. The promise Elvis Presley made prior to Jo Laverne Alden prior to his death may be enforceable in court by applying the equity doctrine of promissory estoppel. His promise is not supported by consideration but it would be unfair for his estate not to enforce his promise. Elvis made several gratuitous promises to Mrs. Jo Laverne Alden the mother of his finance Ginger Alden, one of which was to pay off the mortgage debt owed on the Aldenââ¬â¢s home. We will write a custom essay sample on Considering Elvis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Unfortunately, he died before his promises were consummated and his legal representative denies liability to execute the agreement from the Elvis estate. Jo Laverne Alden filed a lawsuit against Elvis Presleyââ¬â¢s estate because she relied upon the promise to her detriment and took necessary action to assume the entire mortgage debt and equity from her husband. The estate of Elvis should enforce his promise because the offer was serious and clearly stated prior to his death. However, Elvisââ¬â¢s promise is unsupported by consideration but it would be unfair not to enforce the promise since the result could lead to harsh result. Mrs. Alden has a legal right to be awarded a judgment on the theory of promissory estoppel.
Monday, April 20, 2020
The Full Monty and Bridget Jones Essay Example
The Full Monty and Bridget Jones Essay In the West, during the 20th Century the traditional roles, views on inherent abilities and predispositions, and thus their representation in art, underwent a fundamental change, reflecting the feminist agenda that womens role could and should be equal to that of men. Sometimes these changes reflect the changes in the world, sometimes they are propaganda to promote such change, and yet others satirise inequalities. Contemporary representations of gender in art are consequently far different to that of their traditional gender roles, many of them subverted and even swapped; for example the dominant ideals right up to the 1970s was the male gaze, however in the 21st century the amount of media focusing on both the male and female gaze is nearer to equal. The gender roles displayed in both the Full Monty and Bridget Jones Diary differ largely from the traditional stereotypes. Both the Full Monty and Bridget Jones Diary show how the perception of gender roles has changed over time. Both demonstrate how in todays modern society females are gaining attributes that were usually associated with the male gender and vice versa. For example the Full Monty explores the female gaze while it is usually assumed that males lust after the female body. Typical working class labourers are required to perform a strip show and the main protagonists are a father and his son, whereas in the 20th century, fathers were not really promoted in films as the dominant parents to a child, nurturing being seen as more of a female attribute. We will write a custom essay sample on The Full Monty and Bridget Jones specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The Full Monty and Bridget Jones specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The Full Monty and Bridget Jones specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Contradictory to the traditional role, none of the main male characters in the film are breadwinners; in fact they are all unemployed. When comparing Bridget Jones to Jane Austins Pride and Prejudice, which the book was loosely based upon, it is an obvious observation that Helen Fielding has brought the novel into the 21st Century. A working woman who socialises with feminists and camp homosexual men and has a desperate passion for cigarettes, chocolate and good times differs greatly from the more flaccid personality of Elizabeth. Although it could be argued that both pieces of media show positive change in the female gender role, Bridget Jones also shows how much social and media pressure is on women. Bridget is constantly trying to change; she is almost addicted to trying to better herself even if it is half-heartedly. Every new-year there is a long list made in the binary opposite forms I WILL and I WILL NOT of unrealistic resolutions that include Stop smoking, save up money, be more confident, reduce circumference of thighs. (1) She is very body conscious, which is demonstrated through her giant pants (2) and constant calorie counting and her insecurities are only reinforced by her love interest, Daniel Clever, leaving Bridget for an American stick insect (3) in the modelling industry, relating to the size zero debate, and the weight of celebrities which is all over the tabloids in popular culture, putting pressure on young female readers. In addition to this she (Bridget) continuously comments on the pressure from family and non-single friends, to achieve the married with 2. 4 children lifestyle she feels is expected of her. Bridget Jones is about the female struggle in todays society. However, in the Full Monty the roles are subverted. You can see the social and physical pressures that are placed on men, particularly as, after they start to practice the routine doubts begin to appear, due to some of the men not feeling secure about their appearances and lifestyles for different reasons. While Dave wraps himself in cling film, due to the fact he is unhappy with his body, and even quits the show less than a week before their performance because he couldnt imagine anyone wanting to see his naked body, Gerald, an unemployed steel worker who leads a middle class lifestyle, only agrees to being part of the act, as he is ashamed about not being able to financially support his wife. Providing for the family is one of the most key points rooted to the male gender tradition, just as one of the keys for women is to be a homemaker. Unlike traditional families, the protagonist Gary or Gaz is separated from his sons mother, who has a new partner, and again breaking with traditional stereotypes, it is the love the father has for his son that spurs on the act, as Gary needs to pay his child support. Both films and the book of Bridget Jones were huge best sellers. It is a personal belief that the successes of both the films are partially due to the uplifting nature of stories. The happy endings result in the deviance from traditional gender roles being accepted and supported by other characters, and the end result was not a failure. As shown on the television and often written about in the media, the UK has a problem with both obesity and eating disorders; people do deviate from the traditional and ideal physically, in their lifestyle choices and within aspects of their personality. It would appear that there is no longer a normal (assuming of course that there ever was! ) and moving every day closer to equality as female and male attributes merge, in our new hybrid society, both texts show that it is acceptable to digress from the traditional gender roles, which almost everyone does to some degree. Despite Bridgets cosmopolitan lifestyle, throughout the book she describes how she longs for a stable relationship, even though she is self-sufficient. It is clear that Bridget feels social pressures alongside those from her married friends and family, but Bridget clearly wants a relationship for her own stability and happiness despite the independent-woman drunken rants that she partakes in with her feminist friend Jude. While Helen Fielding has managed to reflect the increase in female independence in her novel, she has not diminished the longing for intimate adult companionship. This mirrors the marriage and divorce figures ((4)on overleaf) although there has been an increase in the number of divorces there has also been an increase in the number of people who re-marry. The data could suggest that an increase in choices and a slow progress towards equality from both genders has meant that the divorce rate has risen, but that the human need for adult company, love and affection has led to a society of serial monogamy.
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 countryââ¬â¢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: ââ¬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 deedâ⬠¦or in writingâ⬠¦ . ( 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.â⬠[ 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 itââ¬â¢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 retailerââ¬â¢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 ââ¬Ëpostal regulation, ââ¬â¢ 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: ââ¬Å"that where parties are in each othersââ¬â¢ 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: ââ¬ËI spoke the words of credence in your presence, albeit quietly, and you did non hear me, ââ¬â¢ or ââ¬ËI telephoned to you and accepted, and it matters non that the telephone went dead and you did non acquire my message ââ¬â¢ 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 otherââ¬â¢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.â⬠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 customerââ¬â¢s order through the web site, but credence is made by e-mail. Is acceptance communicated when the marketer presses the ââ¬Ësendââ¬â¢ button, when it leaves the sellerââ¬â¢s e-mail system, when it enters the buyerââ¬â¢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 Hydeââ¬â¢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 defendantsââ¬â¢ helper on the defendantââ¬â¢s instructions, refering a debt. In the electronic mail, sent to the claimantââ¬â¢s canvassers, the suspect put frontward a proposal to refund the outstanding debt. The electronic mail was non signed, although it did include the defendantââ¬â¢s e-mail reference. The claimantââ¬â¢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 claimantââ¬â¢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: ââ¬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.â⬠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 Commerceââ¬â¢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: ââ¬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.comâ⬠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: ââ¬Å"When you place an order to buy a product.. , we will direct you an e-mail corroborating receiptâ⬠¦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 weââ¬â¢ve dispatched that merchandise to youâ⬠¦That credence will be complete at the clip we send the despatch verification electronic mail to you.â⬠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.comââ¬â¢s footings and conditions provides: ââ¬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.â⬠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: ââ¬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.â⬠[ 16 ] The oncoming of the online contract has non avoided the attending of the European Union. A programme for regulative action was outline in ââ¬Å"A European Initiative in Electronic Commerceâ⬠. [ 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 ââ¬Ëorder, ââ¬â¢ as mentioned in 11 ( 1 ) ( B ) means the ââ¬Ëcontractual offer.ââ¬â¢ Article 9 of the Electronic Commerce ( EC Directive ) Regulations 2002 [ 19 ] provides that: ââ¬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.â⬠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: ââ¬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 recipientââ¬â¢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.â⬠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 courtââ¬â¢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, ââ¬Å"Directive on Electronic Commerce.â⬠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: ââ¬Å"difference of cost of funds, transaction costs of outsourcing, difference of efficiency and potential political cost of privatizingâ⬠(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 Forsytheââ¬â¢s argument. Question 1: Conclusion of Dr. Abigail Forsytheââ¬â¢s argument In summarizing Dr. Abigail Forsytheââ¬â¢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 orsytheââ¬â¢s argument Dr. Abigail Forsytheââ¬â¢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 Canadaââ¬â¢s war against Hitler and Mussolini versions of fascism. The premises try to justify that it is Canadaââ¬â¢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 peopleââ¬â¢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 Forsytheââ¬â¢s argument, for seeking war in 1939, is irrational. Question 3: Quality of Dr Abigail Forsytheââ¬â¢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 Canadaââ¬â¢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
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