Thursday, November 28, 2019

Intros and Conclusions - Open with a Quotation

In the Overarching Themes section, we touched on some of the purposes of the introduction and conclusion. Specifically, we discussed how an introduction can orient the reader to the ideas the essay will undertake, and, more briefly, how the conclusion could be useful in synthesizing those ideas. At that point, we were most concerned about coherence of your essays structure.In this section, our purpose becomes slightly narrower for the introduction and broader for the conclusion. That is, having covered one of the two major aspects of the introduction already, we will now focus on the other: how to draw the reader in. On the other hand, since we have not yet covered the conclusion in depth, we will focus here on defining its purpose and offering tips on how to achieve that purpose. Extra: Opening With A QuotationAnother example of a potential mistake is the urge to begin with a quote. Were more interested in what you have to say than in what youve found that some famous person or writ er has to say.  Ã¢â‚¬â€ Admissions Officer, Harvard Law SchoolThere is no approach more hackneyed than opening with a quotation. The ones we see at are almost always just marginally clever expressions of the most obvious lessons about hard work, persistence, and fulfilling ones dreams—often barely relevant to the rest of the essay. Occasionally someone will find a quote thats worth a pause, but even then the reader will not be impressed. The very sight of quotation marks at the beginning of your essay might elicit a cringe or sigh.The admissions committee wants to know what you have to say. If you find some fascinating quotation by another person, using it wont make your case for admission any more compelling. In fact, an impatient reader might simply write you off as unoriginal. Neither does quoting a philosopher or Shakespeare make you appear well read, because anyone can consult Bartletts Familiar Quotations to find something that sounds smart.Finally, even quoting you r grandmother or some other wise relative has been done too many times. This is not to say that you shouldnt use dialogue if youre describing a particular episode, but anything that sounds like an aphorism is only going to add triteness to your essay—no matter how perfectly your life illustrates that theme.Next:  Introductions

Sunday, November 24, 2019

An Introduction to Black Holes

An Introduction to Black Holes Black holes are objects in the universe with so much mass trapped inside their boundaries that they have incredibly strong gravitational fields. In fact, the gravitational force of a black hole is so strong that nothing can escape once it has gone inside. Not even light can escape a black hole, it is trapped inside along with stars, gas, and dust. Most black holes contain many times the mass of our Sun and the heaviest ones can have millions of solar masses. This computer-simulated image shows a supermassive black hole at the core of a galaxy. The black region in the center represents the black holes event horizon, where no light can escape the massive objects gravitational grip. The black holes powerful gravity distorts space around it like a funhouse mirror. Light from background stars is stretched and smeared as the stars skim by the black hole. NASA, ESA, and D. Coe, J. Anderson, and R. van der Marel (Space Telescope Science Institute), Science Credit: NASA, ESA, C.-P. Ma (University of California, Berkeley), and J. Thomas (Max Planck Institute for Extraterrestrial Physics, Garching, Germany). Despite all that mass, the actual singularity that forms the core of the black hole has never been seen or imaged. It is, as the word suggests, a tiny point in space, but it has a LOT of mass. Astronomers are only able to study these objects through their effect on the material that surrounds them.  The material around the black hole forms a rotating disk that lies just beyond a region called the event horizon, which is the gravitational point of no return. The Structure of a Black Hole The basic building block of the black hole is the singularity: a pinpoint region of space that contains all the mass of the black hole. Around it is a region of space from which light cannot escape, giving the black hole its name. The outer edge of this region is what forms the event horizon. Its the invisible boundary where the pull of the gravitational field is equal to the speed of light. Its also where gravity and light speed are balanced. The event horizons position depends on the gravitational pull of the black hole. Astronomers calculate the location of an event horizon around a black hole using the equation  Rs 2GM/c2.  R is the radius of the singularity,  G is the force of gravity, M is the mass, c is the speed of light.   Black Hole Types and How They Form There are different types of black holes, and they come about in different ways. The most common type is known as a stellar-mass black hole.  These contain roughly up to a few times the mass of our Sun, and form when large main sequence stars (10 - 15 times the mass of our Sun) run out of nuclear fuel in their cores. The result is a massive supernova explosion that blasts the stars outer layers to space. Whats left behind collapses to create a black hole. An artists conception of a stellar-mass black hole (in blue) hat likely formed when a supermassive star collapsed, feeding from material ejected by a nearby star. ESA, NASA and Felix Mirabel) The two other types of black holes are supermassive black holes (SMBH) and micro black holes. A single SMBH can contain the mass of millions or billions of suns. Micro black holes are, as their name implies, very tiny. They might have perhaps only 20 micrograms of mass. In both cases, the mechanisms for their creation are not entirely clear. Micro black holes exist in theory but have not been directly detected. Supermassive black holes are found to exist in the cores of most galaxies  and their origins are still hotly debated. Its  possible that supermassive black holes  are the result of a merger between smaller, stellar-mass black holes and other matter. Some astronomers suggest that they might be created when a single highly massive (hundreds of times the mass of the Sun) star collapses.  Either way, they are massive enough to affect the galaxy in many ways, ranging from effects on starbirth rates to the orbits of stars and material in their near vicinity. Many galaxies have supermassive black holes at their cores. If they are actively eating, then they give off huge jets and are known as active galactic nuclei. NASA/JPL-Caltech Micro black holes, on the other hand, could be created during the collision of two very high-energy particles. Scientists suggest this happens continuously in the upper atmosphere of Earth and is likely to happen during particle physics experiments at such places as CERN.   How Scientists Measure Black Holes Since light can not escape from the region around a black hole affected  by the event horizon, nobody can really see a black hole. However, astronomers can measure and characterize them by the effects they have on their surroundings. Black holes that are near other objects exert a gravitational effect on them. For one thing, mass can also be determined by the orbit of material around the black hole. A model of a black hole surrounded by heated ionized) material. This may be what the black hole in the Milky Way looks like. Brandon DeFrise Carter, CC0, Wikimedia.  Ã‚  Ã‚   In practice, astronomers deduce the presence of the black hole by studying how light behaves around it. Black holes, like all massive objects, have enough gravitational pull to bend lights path as it passes by. As stars behind the black hole move relative to it, the light emitted by them will appear distorted, or the stars will appear to move in an unusual way. From this information, the position and mass of the black hole can be determined. This is especially apparent in galaxy clusters where the combined mass of the clusters, their dark matter,  and their black holes create oddly-shaped arcs and rings by bending the light of more distant objects as it passes by.   Astronomers can also see black holes by the radiation the heated material around them gives off, such as radio or x rays.  The speed of that material also gives important clues to the characteristics of the black hole its trying to escape. Hawking Radiation The final way that astronomers could possibly detect a black hole is through a mechanism known as Hawking radiation. Named for the famed theoretical physicist and cosmologist Stephen Hawking, Hawking radiation is a consequence of thermodynamics that requires that energy escape from a black hole. The basic idea is that, due to natural interactions and fluctuations in the vacuum, the matter will be created in the form of an electron and anti-electron (called a positron). When this occurs near the event horizon, one particle will be ejected away from the black hole, while the other will fall into the gravitational well. To an observer, all that is seen is a particle being emitted from the black hole. The particle would be seen as having positive energy. This means, by symmetry, that the particle that fell into the black hole would have negative energy. The result is that as a black hole ages, it loses energy, and therefore loses mass (by Einsteins famous equation, EMC2,  where Eenergy, Mmass, and C is the speed of light). Edited and updated by Carolyn Collins Petersen.

Thursday, November 21, 2019

Genetic Engineering Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Genetic Engineering - Research Paper Example Genetic engineering has been used to develop GM foods for human and animal consumption. Contrary to what the proponents of GE present to consumers, these foods are harmful and dangerous. There are various health risks associated with GM foods, both in the long term and the short term. The potential effects of GM foods on human and animal health result from the increased intake of ant-nutrients, the transfer of antibiotic resistant genes and use of viral DNA in plants (Dona & Arvanitoyannis, 165). For example, the introduction of a new gene can cause an increase of the anti-nutrients, and when such products are consumed, drug resistant genes can be transferred to humans (Dona & Arvanitoyannis, 165). There have been reported deaths as a result of GM foods. In 1989, many Americans died and thousands others impaired when they consumed the genetically modified supplement L-tryptophan which caused an ailment referred to as Eosinophilia myalgia syndrome (EMS) (Batalion, 11). In addition, pe ople have suffered near deaths and allergic reactions after consuming GM foods. In 1996, Pioneer Hi-Bred Company used Brazil nut genes to increase protein methionine in soybeans. Unfortunately, many people suffered allergies after consuming the soybeans (Batalion, 11). Furthermore, certain GM foods are known to increase cancer cases (Pusztai & Bardocz, 12). For instance, the GH protein hormone is injected in cows to increase the production of milk. However, the genetically modified version, rBGH, has been known to increase IGF-1, which is a potent chemical hormone that is associated with breast and colorectal cancer (Batalion, 12). Although proponents of GM foods and products have argued that these products are not harmful to human health, studies reveal that such claims are false. For example, Bt corn and Bt cotton plants, which are genetically modified, contain Bt-toxins which exert toxicity to human cells. According to a report by

Wednesday, November 20, 2019

Housing segregation in the us Research Paper Example | Topics and Well Written Essays - 2250 words

Housing segregation in the us - Research Paper Example Gotham (2000, p. 13) found out that while housing subsidy housing programs created a situation for a great number of white families to buy â€Å"new† housing units in suburban areas, African American families were only able to buy â€Å"existing† homes in â€Å"racially transitional neighborhoods† in the inner city. Gotham (2000, p. 13) interpreted his data to mean that his research corroborated research that showed that the â€Å"market-centered† focus of federal housing policy has created obstacles to the â€Å"ability of African Americans to accumulate wealth through home ownership and reinforced racially segregate housing patterns.† For Gotham, the culprit is Section 235 of the 1968 Housing Act that â€Å"was designed to shift the focus of federal housing policy away from dispensing aid to local housing authorities for building public housing to providing direct supply-side subsidies to the private sector to stimulate home ownership for nonwhit es and the poor† (2000, p. 13). Taking off from the work of Oliver and Shapiro (1995), Gotham argued (2000, p. 14) that the operation and implementation of the United States 1968 housing program is an example of the â€Å"racialization of state policy.† Citing the study of Massey and Denton (1993), Gotham (2000, p. 15) specifically pointed out Kansas City as one of the United States’ prime examples of â€Å"hypersegregated metropolitan areas due to the high degree of segregation in housing patterns on a range of indices.† Gotham (2000, p. 16) blames the â€Å"segregative effects of federal housing policies and programs, and private real estate activity† for the hypersegregation. In addition, Gotham said (2000, p. 17) â€Å"the various economic and political dimension of housing-related activities have been conducted through an organized and interconnected system of racial discrimination.† At the same time, Gotham (2000, p. 17) also pointed out racial discrimination was

Monday, November 18, 2019

Management of information Systems Essay Example | Topics and Well Written Essays - 1250 words

Management of information Systems - Essay Example and Google have been able to reduce their costs of production, carry out market segmentation, and produced differentiated products. The need to introduce modern technology in regular business operations have been necessitated by the stiff competition created through globalization. One of these latest technologies is the electronic commerce. With the competition intensifying, companies such as Google Inc. have gone an extra mile to make their operations electronic. Qin broadly defines electronic commerce (e-commerce) as the widespread applications of computer networks and internet to communicate, carry out commercial transactions, and make online payments (34). It draws on a number of technologies including mobile commerce, supply chain management, electronic data interchange (EDI), automated data collection technologies, inventory management systems, on-line marketing, and electronic fund transfers. In this twenty first century, e-commerce heavily reply on the World Wide Web (www) in nearly every life cycle of a transaction, though it also rely on other internet-enabled technologies such as e-mail. It is an e-business aspect that aids is data exchange and facilitation of financial payments (Laudon and Guercio 37). E-businesses take the form of virtual storefronts (E-tail), on-line marketplaces, e-mails, or fax. Since 2000, the numbers of business transactions conducted by Google Inc. via online platforms have more than tripled. Kurihara established that e-commerce accounts for over 60% of retails transactions globally. Information technology has directly impacted on the business sector by expanding customer bases, increasing product information symmetry, and improving product/service quality (72). Internet serves as an interactive medium where the business community congregates and transacts. Besides, this medium helps in eliminating geographic barriers to trade and commerce. E-commerce is critical in the strengthening of customer

Friday, November 15, 2019

main elements constituting a vaild contract

main elements constituting a vaild contract The word law has been given many definitions. The higher being is the state and the inferior being is the individual. The sanctions or punishments include imprisonment, fines, damages and injunctions. In our country Malaysia, Federal Constitution declares itself as the supreme law of the Federation. Hence, to put it modestly, law may be defined as a body of rules which are enforced by the state. Furthermore, law save from harm the basic individual rights and freedom such as liberty, equality and freedom of speech. It avoid individuals in powerful positions from taking an unreasonable advantage of other people and ensures a harmless and peaceful society, in which individual rights are conserved, law has develops as the norms and needs of society changes. Malaysia practices Parliamentary democracy with Constitutional Monarchy, wherein the Yang Di-Pertuan Agong (King) is the Paramount Ruler. The constitution of Malaysia divides the authority of the Federation into three branches, namely Legislative, Administrative or Executive and Judiciary. Definition for question 1 Contracts are not only applicable to business but are also part of our everyday life. A contract is made out of the simple act of purchasing a newspaper, using a credit card to buy a dress or paying a parking fee. Other contracts such as the sale and purchase of property are additional complex, requiring formal written documents. Law, is merely anxious with the fulfillment of certain conditions by the parties so that the transactions can be standard as legally binding agreement and enforceable. Section 2(h) of CA 1950 states that an agreement enforceable by law is a contract. The strongest contract, in terms of enforceability, has an offer, acceptance, consideration for the exchange, clearly sets out the terms of the agreement without doubt, and is signed by the involved parties with appropriate capacity to enter into the contract. Hence, a contract can be defined as an agreement the law between two or pre parties to do or to abstain from doing some act/acts, their intention being to create legal relation and not purely to exchange mutual promise to give something of value as consideration for any benefits derived form the agreement. Thus each of the parties to a contract wants or needs something the other party has in its power to give, and each of the parties is willing to give up something of in order to make safe what the other party has. Basic Elements of a Valid Contract an Overview From the definition above, it may be concluded that the basis of a contract is agreement between parties. As such, the existence of other elements is also required to allow an agreement to transform into a contract and make it enforceable in law. For a valid contract, the basic elements that need to exist are: Agreement (comprising offer and acceptance): The existence of an offer and an acceptance are a means of analyzing the process of negotiation to decide whether a contract has been made and if so, when it was made. Mutual assent of the parties is the basic of an agreement. Consideration: This is the value given by the parties for the promise that is being made. Usually consideration takes the form of money, property and services. Capacity: Only parties who have capacity are able to enter the intro a valid and enforceable contract. Persons who are under age of have serious mental disability do not have legal capacity to enter into contract. Consent: If the parties do not enter onto the agreement willingly, the agreement could be regarded as invalid. Genuine consent into a contract can be affected by a number of issues. For examples, during the contractual negotiations, there may have been: Undue influence Mistake as to the terms and identify of the person Misrepresentation Unconscionable conduct Duress or coercion. Certainty: All the terms of a contract should be clear and precise such that the parties know that they are agreeing to. Legality: any agreement to violate the law or any agreement forbidden by law is void. Contracts are illegal for two reasons: firstly, because their object is illegal: secondly, because although the object is perfectly legal, the manner of making it is against the law. Figure of basic elements of a valid contract: Formation of a contract Certainty Legality Consent Intention to create legal relations Capacity Consideration Agreement Offer Acceptance Agreement, the parties must agree on the rights and obligation to be created under the contract. Agreement that is reached through a process of offer and acceptance is a primary part of any contact because it requires consents ad idem, the meeting of the minds of the parties ingoing into the contract. For example the model case was Affin Credit (Malaysia) Sdn Bhd v Yap Yuen Fui (1984), the Federal Court held that where there was no offer and acceptance, the purported hire-purchased agreement was declare void ab initio, and the agreement was void from the beginning. Thus it can be seen that agreement forms the basic of contract if there is no valid agreement to begin with, there can no be no valid contract at all. It is important that an agreement determine a contractual relationship, which means that it is essential for the parties to be able to define when an offer has been made and when the offer has been accepted. Offer proposal, also under the agreement, the person making the of fer or proposal is called the promisor or offeror. The person to whom the proposal or offer is being made to is recognized as the promisee or offeree. If this person accepts the offer, then he is also called the acceptor. An offer is referred to in s 2(a) of CA 1950 as a proposal which is made when one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence. Acceptance, for a contract to be valid, there must be a proper acceptance by the offeree. Section 2(b) of CA 1950 provides that when by offeree signifies his assent to the offer, the offer is said to be accepted. Rules of a valid acceptance, if the acceptance of any promise is made in words, the promise is said to be express, and if the acceptance is made other than in words, the promise is said to be implied: s 9, CA 1950. Intention to create legal relations, an agreement reached between an offeror and an offeree will be a legally binding contract only if the parties intended that they should be legally bound. The parties intention to be bound can be specifically stated or be implied from their actions. Where intention is expressly stated, the courts would not impure otherwise unless there is strong evidence to prove the contrary. In social and domestic agreements between family and friends, there is a presumption that these agreements are not meant to be legally binding unless the contrary can be proven. In Balfour v Balfour (1919), the husband went to work in Ceylon and agreed to pay his wife 30 per month. He didnt pay the money and the wife sued. It was held that there was no contract because the parties didnt intend to create a legal relationship. In business and commercial agreements, which are more formal in nature; there is presumption that there is intention to create legal relations. Also, the intention to exclude legal consequences must be see out clearly in unambiguous words. The onus of proof is on the party who alleges that no legal effect is intended. Edwardss v Skyways (1964), the plaintiff who was a pilot was made redundant by the defendant. Ha had been informed by his pilots association that he would be given an ex gratia payment. The defendant failed to pay to pilot sued. The defendant argued that use of the words ex gratia. The court held that this agreement related to business matters and was presumed to be binding and the defendants had failed to rebut this presumption. Capacity to contract, in order to have a valid contract all parties to a contract must have capacity to enter into a contract. Capacity refers to the legal ability to go through into a contract and the law generally assumes that everyone has capacity to contract except certain categories of persons. Section 11 of CA 1950 presents that every person is competent to contract who are of the age of majority according to the law to which he is subject, of sound mind and not disqualified from contracting by any law to which he is subject. Certainty, agreements that are not certain in meaning or which the meaning is not capable of being made certain are void; s 30, CA 1950. The terms of an agreement ought to obvious, precise and certain. It cannot be vague. An agreement which is ambiguous and uncertain is not capable of being accepted as a valid contract. In Karuppan Chetty v Suah Thiam (1916), the contract was declared void as the phrase to last for last long as he likes carries uncertain definition. Legality, even where all the requirements of a valid contract discussed above the present, a contract may be illegal and thus unenforceable. Section 24 of CA 1950 further provides that the following consideration and objects are unlawful such as, it is forbidden by law and nature as to beat any law. In addition, it is fraudulent and involves or implies injury to person or property of another and the court regards it as dishonest, or opposed to public policy. Such agreements might be regarded as void. Consent, although all the elements of formation may be present rendering the contact valid, in certain circumstances if genuine consent is nit obtained, and then there can be no agreement and no contract between the parties. Even if consent is given, it may not have been freely given. Section 14 of CA 1950 states that consent is no free when it is result of coercion, undue influence, fraud, misrepresentation, and mistake. Conclusion: In this subject, I had learned a lot of legal things. At the end of this question, I had been search out to identify the essential elements required to figure a simple and valid contract, and the factors that can influence its validity and how to recognized when agreements has been legally binding. Its very effective for our future when we had starts a business. Definition of question 2 Remedies that are existed for breach of contract would depend on the gravity of the effect and impact of the breach. The types of remedies that are available are such as rescission of contract, the contract is annulled and both sides are excused form further performance and any money advanced is returned. Secondly is the damages, an equitable quantum of money is paid to the plaintiff to compensate for any loss. Thirdly goes to specific performance, a court order requiring performance exactly as specified in the contract. This remedy is unusual, except in real estate transactions and other unique property, as the courts do not want to get elaborate with monitoring performance. As a final point, injunction is a court order directing one party to perform or to refrain doing a certain act. It is used more than ever in situations where a monetary award for damages would not satisfy a plaintiffs claim or would not protect personal or property right from irreparable harm. A remedy is very i mportant and critical in the legal relations. Remedies What are remedies? Remedies are when a party to a contract unjustifiably fails to declines to perform his part of the contract; the other party has a right of legal action. The methods which are given by the law to an innocent party by which he may enforce a right or redress an injury are called remedies. Remedies that are available for breach of contract would depend on the consequence and impact of the breach. Probable remedies are such as rescission of contract, damages, specific performance, and injunction. Equitable remedies are generally remedies other than the payment of damages. This would include such remedies as obtaining an injunction, or requiring specific performance a contract. To begin with rescission of contract, on a breach of a condition of a contract, the injured party may treat the contract as at an end (or rescinded) and refused to perform or implement his part of the contract. When one party to a contract has refused to perform, or disabled himself from performing his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance; s 40, CA 1950. A person who rightly rescinds a contract is also entitled to damages under s 76, CA 1950. Next, are damages? Section 76 of CA 1950 provides that the injured party or the party that has suffered loss has a right to compensation for the loss or damaged suffered, payable to the breach of contract and the aim of damages is to put the innocent party into a position he would have been, had the contract been performed. Such as compensatory or ordinary damages, these are damages that are given to be party who has suffered loss caused by the breach of contract. The general position with regard to damages for breach of contract is that damages may be improved as long as they are not too remote. In the other words, damages might only be recovered in the relevant losses for example arise naturally as a result of the breach or dont take place naturally but are losses which are parties knew, at the time they made the contract, would be probable result of the breach. This principle stems form the decision in Hedley v Baxendale (1854) and is also provided in s 74(1) of CA 1950. How many kind of damages that under damaged? For example, exemplary damages, liquidated damages, and nominal damages, and so on. Start with the exemplary damages, these damages are damages that required and/or awarded by the court when the defendants willful acts were malicious, violent, oppressive, fraudulent, wanton, or grossly reckless. These damages are awarded both as a punishment and to set a public example. Although often requested, exemplary damages are infrequently awarded. Next to liquidated damages, liquidated damages are monetary compensation whose amount the parties agree upon during the formation of a contract for the injured party to pull together as compensation if a specific breach occurs. Damages can be liquidated in a contract only if the injury is either uncertain or difficult to quantity, or it would be difficult to prove the loss, or it would be difficult to find another adequate remedy. Hence, the amount is reasonable and is considered the actual or anticipated harm ca used by the contract breach, and the damages are structured to function as damages, not as a penalty. Hence, of the above criteria are not met, a liquidated damages clause will be void. After that is turned to nominal damages. Nominal damages are damages which consist of a small amount of cash payment which the court orders to paid to the plaintiff who has suffered to quantifiable pecuniary loss. The award serves as a token of honor to the rights of the plaintiff. Nominal damages is habitually sought to obtain to legal record of who was at fault. Specific performance, specific performance is an equitable remedy. It is a specialized remedy used by the courts when no other remedy (such as money) will adequately compensate the injured party. In addition, specific performance is not a typical remedy. If a legal remedy will put the injured party in the position he would have enjoyed had the contract been fully performed, then the court will use that opportunity to instead. The most common courts grant specific performance is that the subject of the contract is exclusive. For example, Donald offers to sell Belle his beachfront house and Belle accepts. Donald subsequently decides to keep the house. Since there is no other house exactly like Donalds house, Belle may be entitled to specific performance of the contract and the court may compel Donald to sell the house. Some more, specific performance is governed by the Specific Relief Act 1950. Section 11 of Specific Relief Act 1950 provides the circumstances when a court may grant spe cific performance: Where the act agreed to be done is in performance, wholly or partly, of a trust. These exists no standard for ascertaining the actual damage caused by non performance of the act agreed to be done. Where pecuniary performance is an inadequate relief. Where pecuniary relief cannot be obtained for the breach. Sections 20 and 21 of Specific Relief Act 1950 state that specific performance cannot be granted where damages are granted, the terms of the contract are uncertain, there is evidence of fraud and the performance of the contract would involve hardship on the defendant. Injunction, an injunction is an order of the court restraining a person from doing a specific act in the future. It is granted only when it is just and equitable to do so having regard to all the circumstances of the case. Specific relief Act 1950, section 50 of Specific Relief Act 1950 provides that it is a preventive relief granted at the discretion of the courts. In respect of contracts, an injunction may be sought to prevent a party from committing a breach of contract. For example, the court may order that a seller be restrained from selling land to anyone else when the seller has contracted to sell that land to the plaintiff. A court may award damages to an injured party either in addition to, or in substitution for, an order of injunction. Quantum meruit, quantum meruit determines the amount to be paid for services, when no contract exists (a doctor giving emergency aid), or where the parties to a contract have failed to agree on a price, and so on. If there is an existing contract for a stipulated amount and the mode of compensation for services, the plaintiff cannot abandon the contract and resort to an action for quantum meruit. For example, if a person sues for payment for services in such circumstances, the court will calculate the amount due based on time and usual rate of pay or the customary charge, based on quantum meruit by implying a contract existed. Conclusion: For the end of this question, I had learned about the significant and important of the remedies in the legal relations. In this question, I can find out and understand the exchange of benefits and obligations between the parties, which makes the agreement enforceable. Furthermore, students also can consider and evaluate the factors that influence the availability of compensation for losses suffered from breach of contractual obligations and identify the described remedies other than damages which may be available to the victims of a breach of contract.

Wednesday, November 13, 2019

emperors club Essay -- essays research papers

Success is the motivation that inspires all human beings to reach great achievements and leave an indelible mark on society. Success is not merely a destination but a journey that one must travel in order to obtain it. Since success in one’s own life is not explicitly defined, we must find objective ways of measuring it, and ultimately come to a conclusion on who has been more ‘successful,’ Sedgewick Bell, or Mr. William Hundert. As is often the case, the answer lies in the past, as Deepak Mehta is quick to point out, â€Å"To know not what happened before you were born is to be forever a child.† As was the case with Shutruk Nahunte, undoubtedly a great emperor and sovereign over an entire region of Ilam, not one history book has documented his life or significance to the world. Mr. Hundert subsequently provides his scholars with this gem, â€Å"Ambition and conquest without contribution is insignificant. What will your contribution be? How will history r emember you?† Ultimately, success is not merely wealth, fame, or political status rather it is living virtuously, conducting one’s self honorably, and making significant contributions to the future generations, who will determine the future prosperity of our nation. In every way, Mr. Hundert, through a consistent display of morality, consciousness, honor, and respect, as with the revered Roman Emperors before him, has achieved success that far surpasses the boorish Sedgewick Bell, and his posh, immature, arrogant lifestyle, which, besides short-term financial comfort and reward, does nothing to foster morality and ideals that will benefit the world once he has departed.   Ã‚  Ã‚  Ã‚  Ã‚  The teaching profession is one of the most under-appreciated yet spiritually rewarding jobs that exist. Every great scholar and tremendous achiever in the world gets his or her start from the great, inspiring teachers before them. Teachers inspire their subjects to learn about the specified material, but also about themselves and the world around them. From the ages of five to twenty-two and sometimes beyond, young adults spend 7 hours daily, 180 days a year expanding their minds, and ultimately using their education to be productive members of the work force. Never in someone’s accomplishments is there a footnote giving proper credit to the teachers that preceded him or her. Therefore, Mr. Hundert’s success cannot only b... ...ct of his younger son, and if Hericlites was correct is stating a man’s character is his fate, Bell’s future career will inevitably perish. While Hundert doesn’t seek material reward for his contributions, he is satisfied with the fact that he has led an honorable life, given others an opportunity to thrive in the world, and fully embodied the spirit of the Roman greats who he teaches about and brings to life, in terms of conviction, civic virtue, and respect in the eyes of others. Wealth is not eternal. If Bell and his family continues to do nothing productive to protect their wealth, many generations into the future the wealth will be recycled back into society and into the hands of those who truly deserve it. A man’s epitaph often represents a man’s impact on the world, and is more indicative of one’s character than his status in society. History books will cast the final judgment, and most definitely, Hundert will be revered for his s elflessness, academic enlightenment and contributions to others, while Bell will be condemned for his egotism, selfishness, arrogance, and failure to make meaningful contributions to others, when he was in more of a position financially to do so.