Friday, December 27, 2019
Humans are known to all mostly be social creatures, it is...
Humans are known to all mostly be social creatures, it is their nature.Various things come from being social, and one very important thing would be civilization, our society. Citizens rely on their society for various things such as relying on each other for support during hard times to keeping their communityââ¬â¢s crime rates down. However, what if the society was to crumble and fall because the citizens werenââ¬â¢t strong for an unknown reason? Society is only strong if the citizens who make it up are strong. What would happen then? The community would fall apart and shatter, like a plate being dropped from a high height. The citizens of this nation rely on having a society. With that being said, shouldnââ¬â¢t the citizens of a community doâ⬠¦show more contentâ⬠¦First off, we have to ask, why do families jump to getting a divorce so quickly?Divorce has occurred within months after the marriage, however, how does this occur? According to the website Lovepanky, that deals with divorce, divorce occurs mostly because of lack of communication. If divorce occurs just because lack of communication, that must mean that couple did not try that hard to fix what they had. Marriage should be a more significant event than people make it out to be.However, how could we, the citizens of this nation, make it so that marriage isnââ¬â¢t a joke but rather a very serious arrangement? One of the various things we could do is simply require marriage counseling, depending on the situation. The problem with this generation is that we give up on things to easily. Once a couple was asked after 43 years of marriage how they stayed together for such a long time and then the woman stated ââ¬Å"We were born in a time when if something was broken we would fix it not throw it away.â⬠(procon.org). Their generation treated marriage like it wasnââ¬â¢t a joke, so the outcome of the marriage was not a joke either. Thus, if couples required marriage counseling before having a chance of fulfilling a divorce, the rate of marriages that would not work would go down because theShow MoreRelatedThe Divorce Of A Divorce941 Words à |à 4 Pagesanymore. When they are unable to maintain their marriage, their solution is to choose is divorce. Divorce, is defined as, the legal dissolution of a marriage by a court or other competent body. In todayââ¬â¢s society, divorce is more normal than ever before due to unhappy marriages. The effects of the divorce are emotional effects, financial problems, and direction to an improved lifestyle. When it comes to divorce there s so many emotions that are being effected in the situation such as depression, happinessRead MoreDivorce : The Divorce Rate1662 Words à |à 7 PagesThe divorce rate, while fluctuating over time, has reached high percentages lately. As Coltrane and Adams posit, the high divorce rates are due in part to the fact that the expectations of marriage are high in high esteem. When it does not work out, people are anxious to try again to find the perfect partner. Divorce is what allows people that opportunity (Coltrane and Adams p. 201). However, the intricacies of divorce are complicated. Much of the conversation of divorce is focused on fault andRead MoreDivorce And The Divorce Process1471 Words à |à 6 Pagesthe subject of divorce, it became very apparent that the stressors leading up to divorce, the entire legal process, adjusting to life afterward and everything in between, left little more than devastation in its wake. By and large, divorce is incred ibly taxing on several fronts. We will discuss the emotional ramifications of divorce for spouses and children, what environmental factors contribute strongest to the dissolution of marriage, what percentage of marriages end in divorce, and the estimationRead MoreThe Divorce Rate Of Divorce1123 Words à |à 5 Pagesrelationship, therefore they choose divorce, which is one of the solutions to cope with problems between husband and wife. Furthermore, most people think carefully before they get marriage. However, the divorce rates trend to continually increase nowadays, thus it might be argued that divorces can be taken place easier than the past. In the United States, researchers estimate that 40%ââ¬â50% of all first marriages, and 60% of second marriages, will end in divorce. Divorce has always been present in AmericanRead MoreThe Issue Of Divorce And Divorce Essay1672 Words à |à 7 PagesIt is common gossip that half of marriages end in divorce. But this gossip is more true t han most would assume. One in every one hundred marriages in North Carolina as well as a genuine half of marriages across the United States end in divorce and, according to Jennifer Lansford, ââ¬Å"50% of American children will experience their parentsââ¬â¢ divorceâ⬠(140). This rate of separation is essentially a heads-or-tails on marriages to determine whether or not they will work out and if a child will be affectedRead MoreDivorce And Its Effect On Divorce2098 Words à |à 9 PagesThe memories of divorce have never been more sorrowful to any age group than the children of divorced parents. Although a coupleââ¬â¢s marriage vows usually include the phrase ââ¬Å"till death do us part,â⬠about half of all marriages end up in divorce (ââ¬Å"Divorceâ⬠). The reasons for divorce could be very simple as well as they could be complex. Some reasons for divorce are adultery, simple arrogance, dishonesty, insecurity, domestic and sexual abuses. In some situation d ivorce may provide relief from theRead MoreThe Divorce Cycle : The Children Of Divorce986 Words à |à 4 Pagesinterested in the topic: consequences in divorce. Being a child of divorced parents is something I have always thought about and how it will effect me later in life with my relationships. I wonder if I am more likely to have a divorce as well because my parents had one. I have found a couple articles that talk about this topic one titled, Understanding the Divorce Cycle: The Children of Divorce in their own Marriages and the another titled, Effects of Parental Divorce on Marital Commitment and ConfidenceRead MoreEffects Of Divorce On Children And Divorce1460 Words à |à 6 PagesIn todayââ¬â¢s world, most people accept divorce or separation as a way of life. Parents are unaware or do not understand the damage it can have on their children. However, in some instances, it is better to get out of an abusive relationship because that can be as toxic as divorce. On average, 50% of children who are born with married parents, will experience divorce before the age of 18 (Children and Divorce Baucom, 2010-2017). Along with divorce statistics, 40% of children in America are raisedRead MoreDivorce Rate And Divorce Rates1224 Words à |à 5 PagesDivorce rate also known as divorce demography, which is the study of demographic factors that impact divorced as a social phenomenon, the divorce demography can clearly evaluate and reflect the marriage stability and happiness index of certain countries or area and that is the reason why data statistics of divorce rate is important. According to ONS (Office of National Statistics), the divorce rate has not been that low since 1974, when it was 0.9%. The number of divorces in 2014 was declined toRead MoreDivorce Effect On Children : Divorce1825 Words à |à 8 PagesApril, 2016 Divorce Effect on Children Divorce seems to become more and more common nowadays. Divorce can be a simple or complicated process depending if children are involved. This process can have negative and positive effects in a child s life. A divorce is the legal process of a marriage coming apart. A divorce with children involve cost more and takes about eleven months for the marriage to end. The majority of the divorces happening in the United States involve children. Divorce has different
Thursday, December 19, 2019
A SOLUTION TO HOMELESSNESS IN CANADA Essay - 1331 Words
According to Lee Tunstall, homelessness is a social problem that ââ¬Å"has been growing since the 1970ââ¬â¢sâ⬠(2009, para.1) and has caught the attention of both the Canadian government and the general public (Tunstall, 2009) . Predominantly, the homeless are individuals or families with no permanent residence who also lack the resources or abilities necessary to arrange for their own adequate housing and living (Stearman, 2010). This matter affects a diverse demographic of the Canadian public. In 2003, the Toronto report card on housing and homelessness reported that out of 32,000 people who used homeless shelters, 15% were families, 22% were youths between the ages of fifteen and twenty-four, 18% were single women and 48% were single men (2003).â⬠¦show more contentâ⬠¦A Pathways Project study found that two out of three homeless people in the country suffer from a form of chronic mental illness for which they need treatment (Wells, 2009). Secondly, socioeconomic a dversity includes shortages such as low education, job loss, and eviction (Bradford, 2009). Lastly, traumatic experiences such as domestic violence causing psychological trauma are a predisposition to homelessness (Bradford, 2009). Aside from the main causes, the steady increase in homelessness is also due to the lack of effective and long-term solutions (Baum, 2007). Both the Canadian government and society have embraced an emergency sheltering model and social separation for the homeless rather than initiating a long-term plan with beneficial services to provide a dignified life to Canadians who are homeless (Muckle Turnbull, 206). IMPORTANCE According to a 2007 public opinion poll ââ¬Å" 80% of Canadians believed that homelessness and poverty are important concerns in Canada, while 46% felt that the government assistance programs were doing littleâ⬠(Cassola, 2006). Homelessness is a street culture of violence, suffering, addiction, and dehumanization (Masters, 2006). T hese individuals are constantly ill and do not receive the essential health services and rehabilitation they require (Hwang,Show MoreRelatedSolution Of Homelessness In Canada1102 Words à |à 5 PagesCanadian Observatory on Homelessness reported that 35,000 people were homeless in Canada around the same time and that at least 235,000 Canadians experience homelessness at some point in a year (Gaetz et al., 2016). Although both the U.S. and Canada have made some effort toward reducing and ending homelessness, it clearly still remains a serious problem in both countries. While some communities, such as New Orleans and Bergen County in the U.S. and Medicine Hat in Canada, have made headlines forRead MoreHomelessness : The Current Social Welfare Issue1339 Words à |à 6 PagesWelfare Issue: Homelessness Written by: Laura Westra The current social welfare issue that I chose to explore is homelessness within Canada. First, this essay will give a brief description of homelessness. Secondly, it will describe how homelessness relates to some concepts and theories that we learned in this course Introduction to Social Welfare, it will also look at what may have happened to people facing homelessness one hundred years ago, next we will explore a possible solution to this socialRead MoreThe Issue Of Homelessness Is Not A New Issue1432 Words à |à 6 PagesThe issue of homelessness in remains an issue that is rarely acknowledged or discussed. Governments all around the world boast of all the work they are doing for their country, bringing up GDP, employment rate and promising even more. However, when the issue of homelessness is brought up, governments shy away, pretending that it is barely an issue in the country. Unfortunately, Canada is one of those countries. A study done in 2014 on the issue of homelessness in Canada found that approximately ââ¬Å"235Read More The Rise in Youth Homelessness in Canada Essay1180 Words à |à 5 PagesToday in Canada, a rise in youth homelessness is being observed across the country. Despite common assumptions, the issue of street youth is not isolated to Toronto or Montreal, but has become pervasive across the country. Although accurate statistics are impossible to come by, the disturbing reality is that both urban centers and rural communities nationwide, are struggling to provide their youth with adequate, affordable housing. Issues surrounding the supply and affordability of housing, combinedRead MoreThe Causes Of Homelessness1656 Words à |à 7 PagesHomelessness is defined as the situation of an individual or family without stable, permanent, appropriate housing, or the immediate prospect, means, and ability of acquiring it. It is the result of systemic or societal barriers, a lack of affordable and appropriate housing, the individual/householdââ¬â ¢s financial, mental, cognitive, behavioral or physical challenges, and/or racism and discrimination. Most people do not choose to be homeless, and the experience is generally negative, unpleasant, stressfulRead MoreHomeless Youth in Canada801 Words à |à 4 Pages 33,000, this is the number of homeless that live on the streets in Canada and 8,000-11,000 of those people are youth in the age range of only 16-24 years of age. This number has increased and grown bigger by the days due to social and economic factors and coming up with a solution becomes more complicated. Many teens become homeless because of hardship in their life or addiction and mental/psychical disabilities, which affects the integrity of that person. This essay will explainRead MoreHow For A Homeless People813 Words à |à 4 Pagesmatter to people who pass by them, plenty of people just regard them losers in confined to the margins of society. However they are often born into lower socioecono mic status, but also it is a one of the most serious problems across Canada. The literal meaning of homelessness categorizes chronically homeless people as people who have not had their own housing yet. Roughly ââ¬Å"235,000â⬠Canadians have slept out of their doors during a year (Homeless people Hub, 2014, page 5). The group of homeless people consistsRead MoreTaking a Look at Homelessness893 Words à |à 4 PagesWhalley is located in Surrey, British Columbia, Canada. This community, around King George SkyTrain station, is a densely populated area. In this community, there are a large number of homeless individuals. In homeless population, mental illness commonly present in the forms of schizophrenia, depression, personality disorders, substance abuse, and other affective disorders. According to Metro Vancouver Homeless Count, there are ââ¬Å"400 homeless people in Surrey, representing 15% of the regions 2650Read MoreFactors Affecting The Homeless Epidemic Essay1600 Words à |à 7 PagesDifferent 4 There are a lot of factors that construe the homeless epidemic. Factors the contribute to homelessness includes job loss, divorce, domestic abuse, foreclosure of home, serious illness, mental and physical illness, substance abuse and even natural disasters all help to contribute to homelessness. Which shows it can happen to anyone, regardless of gender, ethnicity, religion and even social class. Even with government regulations, there can occur a loss of financial sustainabilityRead MoreSocial Problem Homelessness1065 Words à |à 5 PagesProblem Research: Homelessness Homelessness is becoming a major social issue in the United States, with many poor families and young people ending up in the street because of several reasons. This condition is leaving many people helpless in the streets and the number keep on rising on a daily basis. Cities like Detroit and New York are among the most populous with poor families and homeless people, making it important for government and other social agencies to find urgent solution to this problem
Wednesday, December 11, 2019
Protest Music Anaylsis free essay sample
Protest music is a genre of music that contains a message of needed social change. One such example of protest music is the song Killing in the Name by the American rap-metal band Rage against the Machine. Killing in the Name manipulates musical elements in such a way to clearly convey their message of protest. Their message is retesting the illusion of control under the guise of government, oppression and racism. This essay will deconstruct the manipulation of musical and compositional devices that successfully communicate a message of protest to the listening audience. Killing In the name Is composed In the key of D minor which means both the guitar and bass are tuned down to drop D (decade). With the low E string tuned down It creates a darker, more aggressive tone that coupled with saturated distortion, helps to emphasis their message of protest and convey their anger against The Machine. We will write a custom essay sample on Protest Music Anaylsis or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The first four bars of the song start off with aggressive, distorted D minor power chords played by the guitar and bass accompanied by crochet hits on a loose hit-hat ND bass drum kicks on the first beat of the first four bars, this sets the beat and the overall mood of the piece straight away.At bar 5 the bass plays a triplet pattern solo on the low D and High D#, creating an unbalanced tone; this is used to signify the governments unjust actions and to further enforce their message of protest. At bar 6 two cow bells are used to play a flamed, triplet pattern on each cowbell, the distinct sound is used to further disrupt the tone centre which create a sudden haft in the mood to a more aggressive, confronting mood to emphasis the underlining meaning of the lyrics during the first verse.At bar 9 the full drum-kit is re-introduced, playing a fast rock beat. With the drums playing at an upbeat tempo, accented with dominant use of cymbals and the bass playing the triplet pattern, this small section of the piece adds further to the rebellious feel which is necessary to successfully convey their message of protest and anger to their audience.
Tuesday, December 3, 2019
Marijuana Essays (1217 words) - Herbalism, Medicinal Plants
Marijuana Marijuana is the most widely used drug in the world today. Is marijuana as dangerous as it is made out to be. A large variety of different people have many different opinions depending on their professions. Many doctors disagree with each other and the subject is one of their most controversial topics. Also marijuana as an illegal drug is more wide spread in the U.S. today than it ever has been before. Therefore it is becoming a large problem for law enforcement and many other governmental groups in the U.S. today. Marijuana has been in our society for many years. It is not exactly known when the drug first came into perspective in this nation. During the 1960's is when this drug became widely populated among the people in this country. ? If we assume conservatively that arrest figures represent ten percent of those who use the drugs, then the estimated number of California users in 1967 would be 320,000 persons ( The new social drug, p.93 )?. This trend has been on a roll ever since then. The type of people who use this drug is not among any certain group. Many different people experiment with this drug. Although young and middle aged adults are the ones primarily using the drug there are still some elderly people using Marijuana also, just not in as large numbers. These people range from college students to your average businessman or women. All of these people have different beliefs towards their drug us. Some only us marijuana at parties or on weekends, and others us it every day after work or before. The reason people use the drug is not wide spread. Some people use the drug to alter their state of mind and to change their form of thinking. Others use the drug to have a good time. The more negative reasons people us marijuana is so they can coupe with their problems in life, make their life easier. These reasons are closely related to the abuse of marijuana. A lot of the reasons are closely related, or are the same reasons people become alcoholics. There are other reasons people use marijuana such a medicinal use. The drug can be used for many medical problems, some of which are very extravagant. Such as some people with cancer use marijuana to be able to tolerate their chemotherapy. ? Cancer patients on chemotherapy often suffer severe nausea. Marijuana can control it and make their therapy more tolerable ( www.aidsinfonyc.org/Q-zone/maribill.html P.1)?. Marijuana is also used in AIDS patients. AIDS patients suffer from many things one of which is weight loss. ? Many people with HIV have massive weight loss or wasting that can be fatal. Marijuana can restore their ability to eat ( www.aidsinfonyc.org/Q-zone/maribill.html P.1 )?. Another us of marijuana for medical purposes is for Multiple Sclerosis. Someone with Multiple Sclerosis is very incompetent and is in desperate need of anything that can help them in any way. ? Marijuana can improve muscle control for people with Multiple Sclerosis ( www.aidsinfonyc.org/Q-zone/maribill.html P.1 ) ?. Marijuana is also used in the optical industry as well. The drug can be used to improve the eye site of a glaucoma patient. It is also used in this case to slow down the effect of the glaucoma disease. This medical use was the first one to be discovered. The chemical in marijuana that is known to make the affect on these diseases and on the person using the drug is called THC. THC is the active ingredient in marijuana. This product has been in the market of medicine for more than a decade. It comes in the form of a capsule. But it is not as affective as the smoke form of the illegal drug marijuana. Medical purposes for marijuana were not discovered until about fifteen years ago. Know many people are trying to get the government to legalize the drug for medical use for the past few years. Doctors have been testing marijuana and many of it's chemicals for other ways of us but none have been found yet, but any doctors believe that there are many more ways marijuana can be used to help a person medically. Marijuana is believed to effect the brain mentally.
Wednesday, November 27, 2019
Case Analysis on Carlill V. Carbolic Smokeball Company Essay Example
Case Analysis on Carlill V. Carbolic Smokeball Company Essay Carlill v. Carbolic Smoke Ball Company Ltd is one of the most leading cases in the law of contracts under common law. Known for both its academic importance and its contribution in the development of the laws relating unilateral contracts, it is still binding on lower courts in England and Wales, and is still cited by judges in their judgements. This research paper aims to critically examine and analyze the facts and the judgement of the case, along with the issues raised in the case and the impact of this case in general. To understand the case better, firstly let us look at the law as it stood before the case. The law as it stood before the case: A number of important issues were determined in this case, which still remains as an authority in a number of aspects. Before the judgement in Carlill v. Carbolic smoke ball company, the laws relating to rewards announced in advertisements (General offers), acceptance and communication of acceptance, and consideration were as follows: General offers: It was already established in the 1833 case of Williams v. Carwardine that an advertisement amounted to a general promise or contract to pay the offered reward to any person who performed the conditions mentioned in it. Though not entirely binding, this decision was very much relied on in this case, as we will see in the judgement of the court regarding this issue. Acceptance and communication of acceptance in cases of this kind: The law relating to communication of acceptance was somewhat stated by Lord Blackburn in the case of Brogden v. We will write a custom essay sample on Case Analysis on Carlill V. Carbolic Smokeball Company specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Case Analysis on Carlill V. Carbolic Smokeball Company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Case Analysis on Carlill V. Carbolic Smokeball Company specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Metropolitan Railway Company when he observed ââ¬Å"If notice of acceptance is required, the person who makes the offer gets the notice of acceptance contemporaneously with his notice of the performance of the condition. If he gets notice of the acceptance before his offer is revoked, that in principle is what you want. â⬠, but the case in which he stated the following lines were essentially different with regards to facts, so there was no definitive clarity on this matter till Carlill v. Carbolic Smoke Ball company was determined. Consideration: There was no authoritative judgement regarding consideration in such a circumstance before the judgement in Carlill case. Though the defendants cited Lord Campbellââ¬â¢s judgement in the case of Gerhard v. Bates in which he held that there was no consideration involved between two parties as a secondary justification to the judgement given by him, the court in this case held that the facts in Gerhard v. Bates were different in nature and consideration was not the main question raised in that case, thus refusing to accept the argument of the defendants. Facts of the case: The Carbolic Smoke Ball Company, an English firm, came out with a product called the ââ¬Ësmoke ballââ¬â¢, which it claimed to be a cure for influenza and a number of other diseases, during a period when flu pandemic was claiming a lot of lives. The company came out with advertisements to their product and published it in the Pall Mall Gazette and other newspapers on November 13, 1891. The advertisement contained, among other things, the following: ââ¬Å" 100 pounds reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. 1000 pounds is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter. During the last epidemic of Influenza many thousand carbolic smoke balls were sold as preventives against the disease, and in no ascertained case was the disease contracted by those using the carbolic smoke ball. â⬠In late 1891, Mrs Louisa Carlill saw the advertisement, bought one of the balls and used it according to the instructions, three times daily for a period of three months. In spite of it, she contracted influenza on the 17th of January, 1892, and thus, she claimed the 100 pounds from the Carbolic Smoke Ball Company as announced by them. After the company ignored two letters from her to this effect, she brought a claim to court. It was decided in the Queenââ¬â¢s Bench that the plaintiff (Carlill) was entitled to the 100 pounds from the company. The company appealed against the decision in the Court of Appeal. Issues before the court: * Whether the advertisement was intended to be a promise at all, and whether the words in the advertisement were too vague to form a binding contract. * Whether or not the advertisement is binding, as it is not a contract made with anyone in particular. * Whether communication of acceptance was necessary. Whether this was a case of Nudum Pactum, that is, whether there was no consideration involved. * à Even if it is a contract, would it come under the category of a wagering contract or an insurance contract, thus rendering it void. Issues which were determined by the court: The court indicated that they did not need further submissions on the wager or insurance point, as they clearl y could not buy this argument from the defendants. However, they identified all the other issues raised in this case as noteworthy, and proceeded to rule on each of them with appropriate reasons and citations. Decision of the court and reasons given: The judgement in this case was an unanimous one, with all the three judges, that is, Lord Justice Lindley, Lord Justice Bowen and Lord Justice A L Smith concurring with each other on all the important aspects of the case. The court, before taking up the main issues in the judgment, referred to the two points which were raised in the lower court, and completely concurred with Hawkins. J, dismissing the possibility of the advertisement being either a policy, or a bet. After that, each issue is taken up one by one and the decision of the court is summarized below: Whether the advertisement was intended to be a promise at all, and whether the words in the advertisement were too vague to form a binding contract: The first observation made by the court was that there was an express promise to pay, and that it was not a mere puff as claimed by the defendants. The court pointed out that a part of the advertisement published by the defendants said that Pounds 1000 has been deposited in a bank, showing the companyââ¬â¢s seriousness in this regard. On the issue of whether the words were too vague, the court observed that, to arrive at the right conclusion, the advertisement has to be read in its true meaning, and when done so, it wouldnââ¬â¢t as vague as claimed by the defendants, and would be sufficient to form a binding contract. Whether or not the advertisement is binding, as it is not a contract made with anyone in particular: The court held that in such a situation, the advertisement was an offer made to anyone who performs the conditions named in the advertisement, and anyone who performs the condition accepts the offer. The court cited the judgment in the case of Williams v. Carwardine, in which it was observed that in cases of general offers in advertisements, the performance of the conditions is the acceptance of the offer. Also, the court in this case observed that although there was an offer to the whole world, there was no contract with the whole world, therefore it was not an absurd basis for a contract, because only the people that used the product and caught influenza would bind the company. The judgment in the case of Spencer v. Harding, by Willies J. , was cited, which essentially said that ââ¬Å"an offer to become liable to any person, who before the offer should be retracted, should happen to be the person to fulfil the contract, of which the advertisement was an offer or tender. â⬠Whether communication of acceptance was necessary: The court held that in point of law, the advertisement is an offer to anybody who will perform these conditions, and such performance is considered as the acceptance of the offer, again citing Williams v. Carwardine. Also, the court observed that though it is necessary for acceptance to be notified when an offer is made as a general rule, there is an exception to this rule, and not always should the notification of the acceptance precede the performance. The court observed that this kind of an offer is a continuing offer, and the performance of the conditions mentioned before the revocation of the general offer serves as acceptance. Lord Blackburnââ¬â¢s judgment in the case of Brodgen v. Metropolitan Ry Co was cited by the court: ââ¬Å"If notice of acceptance is required, the person who makes the offer gets the notice of acceptance contemporaneously with his notice of the performance of the condition. If he gets notice of the acceptance before his offer is revoked, that in principle is what you want. â⬠Whether this was a case of Nudum Pactum, that is, whether there was no consideration involved. The court felt that the last point that required attention in this matter was that of whether there was consideration involved on the part of both the parties. The court held that it was not a case of Nudum pactum, and there was consideration involved on the part of both the parties. The court firstly stated the definition of ââ¬Ëconsiderationââ¬â¢ given in Nisi Privis, which was adopted and cited by Tindal C J in Laythorp v. Bryant, as ââ¬Å"Any act of the plaintiff from which the defendant derives a benefit or advantage, or any labour, detriment, or inconvenience suffered by the plaintiff, provided such act is performed or such inconvenience suffered by the plaintiff, with the consent, either express or implied, of the defendant. The court applied this definition to the facts of the case, and analysed that the acts of the plaintiff, of using the smoke balls for a fortnight, was enough consideration on their part, and the fact that the defendants received a benefit from this user as she purchased their product, and also, they benefited indirectly from their promise, as it boosted their sales, was enough consideration on their part, thus ruling that there was consideration involved. Thus, having given its judgment, the court ruled in favour of the respondents (Louisa Carlill) and dismissed the appeal from the company, unanimously. There was a disagreement however, between Lidley LJ, and Bowen LJ as to what was the time period in which a claim could be brought to court, with the former saying that a reasonable time has to be ascertained, where as the latter said that a claim could be brought only when the smoke balls were being used. However, this was not a major issue, as the plaintiff was using the medicine when she contracted influenza. Issue that was not determined by the court: In this case, the performance of the condition by the respondent was involuntary. Though the court decided the case in the respondentââ¬â¢s favour, it neither brought up this issue, nor provided any answers to the questions raised by the counsel for the petitioners in this regard, and this, in my opinion, was an issue that needed conclusive ruling upon. Analysis on whether the issues were framed properly or not: Before going into the analysis of whether the issues were framed properly or not, it is necessary to look into the arguments advanced by counsels appearing on either sides, both in the Queenââ¬â¢s Bench, and the Court of Appeal. Briefly stating, there were three issues raised by the defendants in the lower court, that it was not intended to be a contract, that even if it is a contract, it comes under the category of wagering contract, which is unlawful, and even if it doesnââ¬â¢t come under a wagering contract, it was an insurance policy, but cannot be enforceable as it did not follow the prescribed form of stating peopleââ¬â¢s names. The issues raised by the defendants in the court of appeal were shaky and did not have a solid argument, as the plaintiffs clearly showed to the court that this could not have been a bet, as in a bet one party needs to win something and the other party should lose something, which is clearly not the case here. The other two issues were also easily retracted by the plaintiffs by citing various authorities like Denton v. Great Northern Railway Co. and England v. Davis where it was established that the advertisement was an offer and the performance of the conditions is acceptance. However, in the Court of Appeal, the appellants (The Carbolic Smoke Ball Company), raised some pertinent issues which involved questions on whether there was enough consideration and whether the acceptance should have been notified, along with the issues already raised in the lower court. They also came out with other pertinent arguments like the argument that the respondent (Louisa Carlill) could not perform the conditions mentioned intentionally, as catching flu was beyond the control of the respondent. However, the issues raised on whether it was a wagering contract or whether it was an insurance policy even in the Court of Appeal were quite pointless, as it had been authoritatively dealt away with in the lower court. On an overall note, the issues raised in the Court of Appeal were substantive questions of law which needed attention, and the issues were raised properly in my opinion, without omitting anything substantial that needed to be decided upon. Analysis as to the correctness of the reasoning of the court: The reasoning of the court, seems to be of good nature while determining the answers to the questions of law posed before it. It can be observed easily that public interest is kept in mind and given high regard by the judges while determining the case. This however, does not mean that satisfying answers were not given while deciding upon each of the issues raised. The court depended on a series of judgements while determining each of the issues, other than the issue relating to consideration. The decision seems logical at most parts, though it can be felt at certain places that the court stretched the facts a little to bring them under the ambit of their principle, especially while deciding on the time frame in which an action can be brought. And also, inconsistencies can be found in the decision of Lindley LJ and Bowen LJ regarding this matter. However, this was not an essential part of the case, as the fact that the respondent was using the smoke balls while she caught the flu, helped in not complicating the matters. On an overall note, the judgement seems logical and the reasoning given is convincing enough without any major fallacies. The impact of the decision on the law in general: The Court of Appealââ¬â¢s decision in Carlill v. Carbolic Smoke Ball Company is frequently cited as a leading case in the law of contracts, especially under unilateral contracts. In my opinion, this might be because of two important reasons. Firstly, even though the case is over 120 years old, the principles established in this case were not overturned by any major judgement, and still carries a persuasive value. The second reason as observed by me, is the fact that the counsel for the defence tried to avail every single defence he could, thus, the court ended up in ruling on a variety of important things such as intimation of acceptance, consideration etc, thus making it a leading case. The impact of this case was that the advertisers started to be more responsible, or rather, more careful in their advertisements, by adding clauses such as conditions apply etc in the advertisements to avoid the assumption of a contract by anyone and everyone. The principles laid down in this case can be seen in Section 8 of the Indian Contracts Act, and the principles of this case are used in numerous Indian cases, including Har Bhajan Lal v. Har Charan Lal, etc. [ 2 ]. [1893] 1 QB 256 [ 3 ]. (1833) 4 B. Ad. 621 [ 4 ]. (1877) 2 App. Cas. 666 [ 5 ]. 2 E. B. 476 [ 6 ]. Influenza A virus subtype A [ 7 ]. Ibid at 2 [ 8 ]. (1870) LR 5 CP 561 [ 9 ]. Ibid at 2 [ 10 ]. Ibid at 3 [ 11 ]. 8th edition. P. 47 [ 12 ]. 3 Scott, 238, 250 [ 13 ]. [1865] à 5 E. B. 860 [ 14 ]. 11 A 7 E 856 [ 15 ]. AIR 1925 All 539
Sunday, November 24, 2019
Gossip
Gossip Gossip Gossip By Maeve Maddox When I came across a reference to a ââ¬Å"birthing chairâ⬠in a historical novel by Barbara Youree, I wanted to know more about it, so I did a Web search and found this: Today, the idea of giving birth while sitting upright in a wooden chair may seem torturous.à But long before delivery rooms, stirrups, forceps and foetal monitors, a woman gave birth at home in a chair with the aid of her midwife and other female friends, relatives and neighbours. These women were known as the ââ¬Ëgossipsââ¬â¢, for they spread the word to all the women in the community when another went into labour. What distracted my attention from the birthing chair was the explanation of the word gossips. The modern definition of ââ¬Å"a gossipâ⬠is a person who spreads information about other people, but that is a later development of the word gossip. The ââ¬Å"gossipsâ⬠who helped a friend give birth in the old days got their name another way. The noun gossip comes from Old English godsibb, ââ¬Å"godparent.â⬠The element sib means ââ¬Å"kinsman, relation by blood.â⬠The word survives in modern English sibling, ââ¬Å"each of two or more children of a common parent or parents.â⬠The word sib itself survives in Scottish dialect, as in the proverb, ââ¬Å"All Stuarts are not sib,â⬠(i.e., ââ¬Å"just because you have the same name as someone famous doesnââ¬â¢t mean that youââ¬â¢re related.â⬠) Nowadays children who are baptized ordinarily have only two godparents, but in earlier times a child might have several. Joan of Arc, for example, had at least eight. And even in this century, Prince George of Cambridge has been provided with seven. In time the noun gossip expanded to mean any close friend, man or woman, but especially the women present to help at a birth. Any activity that involves waiting for something to happen is going to call forth plenty of idle talk, so it wasnââ¬â¢t much of a leap for gossip to take on its present meaning. From the noun comes the verb to gossip, ââ¬Å"to tell tales or spread rumors.â⬠Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:4 Types of Gerunds and Gerund PhrasesProbable vs. PossibleHow Do You Pronounce "Often"?
Thursday, November 21, 2019
Capital Funding in School Districts Research Paper
Capital Funding in School Districts - Research Paper Example Replacing old buildings with new buildings, repairing old buildings, incorporating more facilities to the existing building etc are expensive acts. It is difficult for the school management or the authorities to find funds for the renovation or replacement of the school buildings from the tuition fees alone. According to a rough estimate done by the 2003 State Auditors Office report, statewide need is around $4.7 billion for the school building replacement or renovation (Colorado Department of Treasury, 2010). In short capital funding is necessary for the American schools to ensure the safety of the existing school buildings or to make new buildings. This paper briefly analyses various aspects of capital funding in schools. Capital funding or bonds in schools are the funds allocated to the schools by the government for the modernization of the school buildings according to locally agreed priorities established in the Schools Asset Management Plan. The government wants to raise the standards of education in schools and for that purpose, ample infrastructure facilities are necessary in the school compound. Capital funding is given to the individual schools by the authorities based on the requirements estimated by the school authorities and the local authorities. In UK, school capital funding is intended for the ââ¬Å"standards focused projects which contribute to achieving government targets for educational improvement. Projects must have a minimum value of 500,000 of which 20% of the funding must be met from Local Authority/local sourcesâ⬠(Capital Funding for School Buildings, 2010) ââ¬Å"It is important that school districts have the resources to help schools recover from unexpected natural damage. As a result of this capital funding, students in School District can focus their attention on the business of learning, and not the condition of their schoolâ⬠(Governor Quinn Highlights $4.3 Million in Capital Funds for New Belleville Elementary School). Transfer
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