Law and economics Essay Example | Topics and Well Written Essays - 750 words

Law and economics - Essay Example More over, Black and Decker in their argument demonstrated that Byrne fully participated in the prosecution, comprising the addition that limitation into the claim and as such his claim was deemed to fail. While responding to this motion, Byrne filed an affidavit discussing the scope of the quoted previous art and hence the argument that for patentability limitation is necessary is not valid. Holding that Mr. Byrne was not qualified to provide expert testimony as one of the ordinary skill in the art, the court cleared Black and Decker of any malpractice. By denying Mr. Byrne the chance to proof his possession of ordinary skill in the art, it is inappropriate, and the court abused its discretion by denying the inventor to testify and proof the relation of the scope and content to the invention. Most intellectuals argue that in the absence of property rights over the knowledge embodied in an innovation would spur imitation and competition, thereby minimizing the innovators’ profit. As a result, legal rules have been enacted to address the intellectual property disputes. It is the amalgamation of an increasing pool of patents that should have never been approved, in the first place, with the growth of the patent lawsuit industry that is building up enormous costs for technology corporations of all dimensions and the economy at large. All of those billions of dollars spent in protecting dubious patent lawsuits, and buying up patents that will never be used to produce anything fresh is an appalling waste of money. The patent scheme has been wrecked for a long time, and failure to fix it soon will slow down one of the small number of engines of the economy still purring. Patents, which were initially perceived to protect innovators, are increasingly becoming nothing more than economic and legal weapons, to be cumulated in ranges by non-practicing bodies and used

Communications Character Conflict Essay Essay Example for Free

Communications Character Conflict Essay Essay â€Å"I can’t believe you, all your gifts, all your powers, and you.. you squander them for your own personal gain. (Hal Stewart) ‘Yes! (Megamind) ‘No! I’m the villain! † this is the main conflict between characters’ Megamind and Hal Stewart in the hit motion picture Megamind. Megamind defeats the cities beloved super hero â€Å"Metro Man†, they had been enemies since grade school and Megamind has always been the bad guy causing trouble and Metro Man was always saving the day and the people from the evils of Megeminds treachery. But soon after this deafeat Megamind realizes he misses the way things used to be, there was no more excitement and rush of being the villain in an epic good vs. evil battle. So, Megamind has devised a way that he can give any normal human being all the gifts and powers that Metro Man himself possessed. He settles on a young man named Hal Stewart, a cameraman for a news station, which he filmed the news girl who he claimed to be in love with, but everyone thought she was with Metro Man because he was always saving her. So Megamind gives Hal all the super powers, and gives him a new identity of â€Å"Titan†. However, to Megminds Dismay, Hal starts abusing his powers and begins stealing from banks, and using his powers to get equipment, video games etc.. This is a great example of unproductive conflict. Instead of creating a new evil versus good scenario with Hal or â€Å"Titan†, Hal just commandeers the whole city and puts them all at his mercy. It has many negative impacts the two characters, their relationship, and the situation. The aggression between them and the situation in general becomes increases greatly and turns even hostile because of the flaws in their communication. Megamind has certain qualities about the way he communicates that it often gets him into trouble. In fact pretty much every idea he comes up with in the process, he always seems to get either seriously injured, or suffers in some other way, all because of his communicational handicap. Some of the functions of communication Megamind uses, is he begins a relationship with a character named Hal Stewart to achieve a specific goal premeditated so he could accomplish what he wished to have done. What he wanted done was to turn Hal into a super hero and give him all the powers that the late Metro Man possessed, so that he could resume his role as the villain once again, since he defeated the last super hero he longed for the epic battle of â€Å"Good vs. Evil. † First of all, Hal isn’t the brightest pick to turn someone into a super hero, but Megamind is determined he is the perfect pick after a misunderstood first impression of Hal. Megaminds best friend even shows in many ways, he does not approve of Hal as being the one who has the traits of being a good super hero, most of the ways non verbal. Megamind even changes his own identity as Hal’s â€Å"Space Dad†, for the purpose of guiding Hal into fulfilling his destiny as the city’s new found super hero â€Å"Titan†. So Megamind actually is affecting the situation and their relationship as two different important character’s in Hal’s life and will play play big parts in his decisions. Hal Stewart, aka â€Å"Titan† aka â€Å"Cameraman†, is a very interesting character because of how he expresses his own communicational traits, it is entertaining. His perception of what a â€Å"super hero† means, and what sort of privileges or advantages he believes comes with being â€Å"Titan† are affected by the culture he lives in. Some of his expectations, the most important towards the story and the one that makes the most dramatic influence is; the super hero always gets the girl. This thinking of Hal’s is a mindlessness perception and also selective perception of how he sees a super hero. Obviously he does not get the girl he claims he’s in love with, because the thing he is mindlessness about is that just because you can fly and have huge muscles doesn’t mean you will always get girl, its about what’s underneath, not on the surface, which I believe is the lesson â€Å"Life† is trying to teach him. Another misperception he has is what should be accomplished with the incredible new â€Å"gifts† that he has recently required. Instead of catching bad guys, and making sure justice stands within the city and her people, Hal actually robs banks, and other equipment, video games etc.. nd is determined that the powers mean â€Å"get rich, and get rich quick†. These are all things that Megamind does not anticipate before hand and turns into being the exact opposite of what he wanted, all because Hal’s misunderstanding, and the communicational barriers of Megamind. Although, there isn’t a whole lot of competent communicati on going on with Megamind and Hal, in the end he still gets an incredibly large amount accomplished. The things that were bigger then even his beloved epic good vs. evil battles. He grew in more important ways, he grew as a specimen, and became a happier person, which ultimately should be eternal goal of communication and the functions and steps that are not only necessary and basically impossible to accomplish anything without them, competent or incompetent, things still move forward and things get done. In the end Megamind finds his true purpose and a higher purpose, along the way falling in love and discovering a more meaningful life all thanks to communication, and the culture which helps him perceive and judge.

government paper :: essays research papers

The Democratic Parties beliefs include Fight the influence of giant corporations and powerful moneyed interests, which have diluted the power of the people, Empower grass roots Democrats by the establishment of greater democracy in the Democratic Party at all levels of Party structure and processes, Achieve greater democracy and empowerment of individuals in all governmental structures and processes, promote election reform and increased access to the political process, and preserve the integrity of voting rights and political processes, Increase the participation and empowerment of persons of low income in our Party and our government, Terminate Patriot Act I and reject Patriot Act II The United States should enact a new foreign policy based on respect for human rights and other governments, and they want to end the policy of pre-emptive first strike, and work instead to lead global efforts to dismantle nuclear weapons and other weapons of mass destruction. The Democratic Party is very large in the U.S it and the Republican Party are the biggest in the U.S. Members of the Democratic Party include John Kerry who was the Democratic Party presidential candidate of 2004. he did well and almost won but bush has too many zombie followers. Another member of the party is Bob Clinton he was president for 8 years and during his presidency the economy of the nation was doing well and we weren’t at war. He did however cheat on his wife but honestly after looking at his wife who could blame him, also it was way to publicized because I know the people want to know about there president but him and his wife need privacy just like any other marrage. I myself agree with most of the party’s beliefs they want to give more power to the people and a lot of them are non violent which is a good thing most people just want to destroy every country because there is a chance they might have nuclear weapons, but we’ve always had nuclear weapons and what gives us the natural born right to be the world’s dictator. I for one believe in pro-choice even though I generally support the Democratic Party I can’t agree with every thing they believe but in general I like how democrats think.

01.02 What is Citizenship? (Honors Extension) FLVS Essay

The bill, titled to provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States, â€Å"amends the Immigration and Nationality Act, in the case of an alien subject to removal, deportation, or exclusion and who is the parent of a U.S. citizen child, to authorize an immigration judge to decline to order such removal if the judge determines such action to be against the child’s best interests†. It also states that â€Å"such discretion shall not apply to an alien when the judge determines that the alien is, one, excludable or deportable on security grounds, or two, has engaged in sex trafficking or severe forms of trafficking in persons†. This bill was originally introduced to the House Committee on the Judiciary in late January of this year. It was later referred to the subcommittee of Immigration and Border Security in February. Representative Jose Serrano introduced the bill to protect the parents of US citizen natural born children from being deported or removed from the country, who are at illegal status, at discretion of the immigration judge. If the bill was passed, many of the illegal immigrants who have children who are citizens of the United States will be able to stay and be legalized into the country, just because they have a child born on U.S. grounds. The people it would affect are illegally residing on U.S. grounds, but have children who were born here. The government will be positively affected through this bill. The numbers of immigrants in the country will decrease by a significant amount if this bill is passed. Many citizens may find this to be a controversial issue. On one hand, the bill allows for these families to be kept together and not separated from one another, but other citizens may argue that there are too many immigrants residing in the country as is, and permitting the parents of these children to stay would be a mistake. Family is a very important thing in life. Immigrant or not, family is family. Intentional separation of a family is unmoral and wrong. This bill would make a positive impact rather than a wrongful one. It gives this group of illegal parents of citizen children and opportunity and a chance to make a good life and provide for their children. If these parents can prove that they deserve to be here and that they can provide a good life and are willing to work to deliver and meet all the necessities of their children if given the chance, why would it be a negative impact on our government or society to pass this bill? Equality makes the United States the so-called â€Å"land of freedom† it is. A mother is a mother, a father is a father, and a child deserves to grow up with the warmth and love from each one. Every child, immigrant parents or not, deserves this opportunity. That is equality.

1984 and V for Vendetta Comparing and Contrasting Essay

George Orwell’s 1984 and the movie V for Vendetta both have similar views on how society is being run. Since The book 1984 was written before V for Vendetta, so perhaps V for Vendetta may have based some of its ideas on this book. Both 1984 and V for Vendetta have similarities like the way the themes and how the male protagonists are the one in charge of overturning the government. The first similarity between 1984 and V for Vendetta is that the society is being run by totalitarian rule. It is the government that controls the lives of the people and how the society should be run. In 1984, ‘Big Brother’ aka the Inner party, is the figure that keeps an eye on the people and uses telescreens to watch their movement while in V for Vendetta; ‘Leader’ aka Adam Susan, is in charge of England, its people and the Norsefire party. Another thing is that both factions have secret police. The jobs of the secret police in 1984 and V for Vendetta are basically the same as they spy for the government and try to capture people who are against the government. The people are being controlled by the leaders of their country to make sure they behave themselves and not try to rebel. The contrast between 1984 and V for Vendetta for the totalitarian rule are a bit different. In 1984, the government, more specifically the inner party, watches every move of the people and check carefully what they do while in V for Vendetta the government, more specifically the Norsefire Party, is a bit more lenient as they don’t set up cameras on the houses of every people but still set up cameras on public properties. The secret police are quite different in 1984 and V for Vendetta as in 1984, the secret police are deeply loyal to the inner party and don’t express their behaviours like in sexual desires unlike the secret police in V for Vendetta as in page 11, the secret police tried to attempt rape on Evey. Also in V for Vendetta, there are also normal police forces unlike in 1984. Freedom of speech, freedom of your owns thoughts and actions, the right to happiness. In our society today, we have all these rights, but imagine if we id not. 1984, written by George Orwell, and V for Vendetta, directed by James McTeigue, both paint accurately scary descriptions about the government in the future and the dystopian society. 1984, written in 1949, was intended to be a portrayal of the future and V for Vendetta, made in 2005, shows Britain in power in 2038. Both of these pieces of literature were not far off from their description. As every single year passes by, our own society starts to reflect images from these books. When the government has this much power over the people, the people rebel, but can they be a success or not? 1984, written by George Orwell, illustrates a perfect example of a dystopian government. The setting is in Oceania, Britain. The government is full of spies and secret police that carefully watch the common people for any mistake they might make that can harm the government in any way. As shown with Winston Smith, the protagonist of the novel and many other citizens in Oceania, the government manipulates these characters into their pawns. The government asserts their power over the people in many ways. They have large telescreens in the people’s houses. The telescreens show the government what people are doing at all times. It can be dimmed down, but can never be turned off. Although Oceania is well off in money, the government rations food. The government’s philosophy is that if the people are given too much to eat, then they will learn to think for themselves and will see all the atrocities that the government commits and rebel. All the records of the past have been omitted and destroyed and created all over again to fit the government’s beliefs and to show that the government is always right. Big Brother has its own secret police, the Thought Police the themes were similar but there were many differences as well. for example, the resistance in 1984 was subtle if it existed at all while the resistance in v for vendetta was violent and actively opposing the government through force.

To Investigate the Heating Effect of an Electric Current Essays

To Investigate the Heating Effect of an Electric Current Essays To Investigate the Heating Effect of an Electric Current Essay To Investigate the Heating Effect of an Electric Current Essay Essay Topic: Current Conduction is best in solids and considerably weaker in liquids and gases. This transfer relies on the movement of atoms and molecules. For example, if a part of a material is hotter than another part, then the hotter part has more energy than the surrounding parts. Whenever you heat any substance there is an increased amount of motion from atoms and molecules. When you heat a gas, for example, the speed at which the atoms and molecules move around increases but when you heat a solid or even a liquid the atoms and molecules vibrate more. The atoms and molecules in the substance are therefore responsible for conduction. In a gas and liquid, conduction is poor because the atoms and molecules are further apart than in a solid where they are closely held with strong bonds. Metals such as silver, copper and aluminium are good conductors.Convection takes place only in fluids (liquids and gases). Convection currents are examples of floating and sinking. When a part o f a fluid is heated and made warmer the molecules expand and rise because they are less dense than the cold parts of the fluid where the molecules sink downwards because they are more dense.All objects give out some thermal radiation. The higher the temperature of any object the more energy it radiates per second. The thermal radiation is most of the time given out as infrared waves (invisible) but very hot objects give out light waves (visible). A matt black surface is the best emitter and absorber of heat energy but is the worst reflector. A white or silver surface is a poor emitter and absorber but a very good reflector.Evaporation is the process where particles from a liquid form a vapour when the temperature of the liquid is below its boiling point. Evaporation can only take place from the surface of a liquid. This is because here the molecules have enough energy to evaporate, as there are less attractive forces from neighbouring molecules preventing it.Factors that May Affect the Heating Effect2 The voltage of the power supply could be measured using a voltmeter and a varying nominal voltage on the power supply. Though an increase in voltage would result in an increase of the current in the circuit, therefore it is not an independent variable.3 The starting temperature of the water and room must be kept constant for a fair experiment. To keep the water at the start the same temperature we should replace the water every time we finish a list of readings. Some parts of the room may be at different temperature than others and so it is difficult to keep the room temperature constant.4 The material of the beaker or cup will be an important factor as different materials are good at conducting and radiating heat energy. For example, a polystyrene cup would reduce heat loss as it acts as insulator.5 The mass therefore the volume of the water is important because different amounts of water will take different lengths of time to be heated and so we must keep the m ass or volume of the water the same throughout every experiment.6 The depth that the heating element is submerged in the water should be the same every time and have the same position e.g. the center for each experiment.7 External air pressure would vary but in this experiment an airtight room is not available to use.8 The internal resistance of the heating element as the greater the resistance the slower the rise in temperature of the water but resistance will be affected by both the current and the voltage.For my experiment, I have chosen to vary the current while keeping the all the other factors constant. It is important that the other factors are kept constant for a fair test and to show that a change in current will actually affect the rise in temperature of the water.MethodApparatusA few electrical wiresSome aluminium foil1à ¯Ã‚ ¿Ã‚ ½ Beaker1à ¯Ã‚ ¿Ã‚ ½ Heating Element1à ¯Ã‚ ¿Ã‚ ½ Thermometer2à ¯Ã‚ ¿Ã‚ ½ Clamps1à ¯Ã‚ ¿Ã‚ ½ Glass rod1à ¯Ã‚ ¿Ã‚ ½ Voltmeter1à ¯Ã‚ ¿Ã‚ ½Amm eter1à ¯Ã‚ ¿Ã‚ ½ Variable Resistor1à ¯Ã‚ ¿Ã‚ ½ Battery Pack1à ¯Ã‚ ¿Ã‚ ½ Stopwatch1à ¯Ã‚ ¿Ã‚ ½ Retort Stand1à ¯Ã‚ ¿Ã‚ ½ BalanceDiagramIn this experiment we are measuring the rise in temperature over a fixed amount of time, which here is 5 minutes. The heating element should be connected in series to a DC battery pack using 12V, an ammeter and a variable resistor in series with a voltmeter parallel to the heating element. The heating element would then be submerged into the beaker, at the same depth every time, that is covered inside and outside with aluminium foil. Aluminium is a good conductor and therefore is a better one than glass, which is a poor conductor. Aluminium foiled is used to reduce the heat loss because when the beaker is covered there remains a small gap of air between it and the aluminium foil. We know from theory that air is a very poor conductor therefore we are reducing the heat loss, which is what we want. The beaker should contain 200cm3 of water with a mas s of 202g. Both the glass rod and thermometer should then be placed into the beaker. The glass rod is used to stir the water so that it is uniformly heated and the thermometer is needed to record the temperature of the water.For the first experiment, the current should be 0.5A having set this current using the variable resistor we should place the heating element into the water and start the stopwatch. Then record the temperature every 30 seconds using the stopwatch. When it has been 5 minutes the battery back should be switched off and the heating element removed from the water. Now we have completed the first experiment using 0.5A. Before changing the current to 1A we should first let the heating element cool down for a few minutes so it can be acclimatised to the temperature it was used for 1A. Secondly the water should be replaced with the same type of water used, e.g. tap water and then the mass should be the same also. We need to replace the water because if we dont then the h eat losses are not going to be the same every time. The beaker would therefore be emptied and then should be washed out and allowed to cool before the next experiment. The current then should be set to 1A and the temperature recorded for the next 5 minutes. These steps should be repeated up to 5A and 5 minutes for each of the current readings.Safety PrecautionsIt is necessary to wear safety goggles to protect the eyes even though the temperature of the water will not be high enough for it to boil. The apparatus should not be placed at the end of the bench and all water should be handled carefully without spilling any on the electrical equipment and wires being used. When moving or dealing with the hot heating element after each experiment, it should consider that you hold it from the rubber end where it is not hot.PredictionI predict that as the current increases the heating effect of the heating element will increase therefore the water will rise to a higher temperature in a shorte r space of time. I predict this because if there is a higher current passing through the heating element then it will heat up the water even more. If this happens then there is a larger transfer of electrical energy to heat energy taking place. This can be proven by this equation:That can be made simpler into:If we can find out how much energy the heating element gives out into the water then we are also able to find out how much heat energy is absorbed by the water using this formulae:The specific heat capacity of water is 4200 J/kg/?C (Complete Physics; Stephen Pople).Bibliography1 My own knowledge2 Physics Classbook; Graham Booth3 Complete Physics; Stephen PopleTo Investigate the Heating Effect of an Electric CurrentCollection of DataTemperature ?CTime (s)03060901201501802102402703000.519191919202020202020211.019191919202020212121221.519191920202121212122232.019202020212122232323242.519202020212121222323253.019202021222223242525263.519202121222324242526264.01920212223242425262728 4.519212122232425262728295.01921222324252628293032To Investigate the Heating Effect of an Electric Current1 As I predicted the change in temperature increased as the current increased therefore the water was getting hotter quicker as the current got higher.In order to show a pattern or trend from my results, I need to be able to plot a graph therefore I have made this table using my Collection of Data in the Obtaining Evidence section.I/AI2/A2?Q/à ¯Ã‚ ¿Ã‚ ½C0.50.2521.01.0031.52.2542.04.0052.56.2563.09.0073.512.2574.016.0094.520.25105.025.00

Free Essays on Marketing Concepts

Emirates Hills Is an exclusive landscaped development project wherein individuals can buy land and build their own home amidst one of the best golf courses in the region. This stunning project developed under the supervision of Emaar boasts 621 villa sites, clubhouse, golf academy, gymnasium, flood lit tennis courts, world class dining facilities, specialty and convenience outlets, fully-featured spa and a swimming pool. Everything in this place exemplifies world class style and quality. Designed by Master Architect, Desmond Muirhead the community houses a championship golf course, measuring an overwhelming 7, 308 yards, which includes a driving range, Par 3 course for beginners just to name few. The community is carefully designed to ensure privacy, security, and safety. It offers state of the art technology, including cable internets and satellite TV. The villas are designed with a touch of modern Arabic architecture, which conforms to the country’s local style and tradition. Emirates Hills ensures that upon providing its customers with modern houses it ensures that if follows the rules and regulations set by the land. The company bears in mind that upon fulfilling the customers demand the local traditions and customs, such as keeping an Islamic architecture style of houses/ or villas will not be neglected. Emirates Hills is in a prime location situated at Interchange 5 of Dubai’s Sheikh Zayed road. Close to Dubai Marina, The American University, Dubai Internet City and nearby to Emirates golf club. It is 15 minutes from Dubai, and a comfortable drive form the Airport. Emirates Hills provides financial help to individuals who wish to buy a land from them, with the help of Emrill and Amlak finance the company could stretch its payments mode for a period of 25 years. EMAAR Emirates Hills is being developed under the conjuncture of Emaar properties, a Dubai public joint venture with a share capital amou... Free Essays on Marketing Concepts Free Essays on Marketing Concepts Emirates Hills Is an exclusive landscaped development project wherein individuals can buy land and build their own home amidst one of the best golf courses in the region. This stunning project developed under the supervision of Emaar boasts 621 villa sites, clubhouse, golf academy, gymnasium, flood lit tennis courts, world class dining facilities, specialty and convenience outlets, fully-featured spa and a swimming pool. Everything in this place exemplifies world class style and quality. Designed by Master Architect, Desmond Muirhead the community houses a championship golf course, measuring an overwhelming 7, 308 yards, which includes a driving range, Par 3 course for beginners just to name few. The community is carefully designed to ensure privacy, security, and safety. It offers state of the art technology, including cable internets and satellite TV. The villas are designed with a touch of modern Arabic architecture, which conforms to the country’s local style and tradition. Emirates Hills ensures that upon providing its customers with modern houses it ensures that if follows the rules and regulations set by the land. The company bears in mind that upon fulfilling the customers demand the local traditions and customs, such as keeping an Islamic architecture style of houses/ or villas will not be neglected. Emirates Hills is in a prime location situated at Interchange 5 of Dubai’s Sheikh Zayed road. Close to Dubai Marina, The American University, Dubai Internet City and nearby to Emirates golf club. It is 15 minutes from Dubai, and a comfortable drive form the Airport. Emirates Hills provides financial help to individuals who wish to buy a land from them, with the help of Emrill and Amlak finance the company could stretch its payments mode for a period of 25 years. EMAAR Emirates Hills is being developed under the conjuncture of Emaar properties, a Dubai public joint venture with a share capital amou...

Penguin Facts

Penguin Facts Penguins (Aptenodytes, Eudyptes, Eudyptula Pygoscelis, Spheniscus, and Megadyptes species, all in the Spheniscidae family) are perennially popular birds: chubby, tuxedo-clad creatures that waddle charmingly across the rocks and ice floes and belly flop into the sea. They are native to oceans in the southern hemisphere and in the Galapagos Islands. Fast Facts: Penguins Scientific Name: Aptenodytes, Eudyptes, Eudyptula Pygoscelis, Spheniscus, MegadyptesCommon Name: PenguinBasic Animal Group: Bird  Ã‚  Size: range from 17–48 inchesWeight: 3.3–30 poundsLifespan: 6–30 yearsDiet:  CarnivoreHabitat: Oceans in the southern hemisphere and the Galapagos IslandsConservation Status: Five species are listed as Endangered, five are Vulnerable, three are Near Threatened. Description Penguins are birds, and although they may not look like our other feathered friends, they are, indeed, feathered. Because they spend so much of their lives in the water, they keep their feathers slicked down and waterproofed. Penguins have a special oil gland, called a preen gland, that produces a steady supply of waterproofing oil. A penguin uses its beak to apply the substance to its feathers regularly. Their oiled feathers help keep them warm in the frigid waters, and also reduce drag when theyre swimming. Although penguins have wings, they cant fly at all. Their wings are flattened and tapered and look and function more like dolphin fins than bird wings. Penguins are efficient divers and swimmers, built like torpedoes, with wings designed for propelling their bodies through the water instead of air. Of all the recognized species of penguins, the largest is the Emperor penguin (Aptenodytes forsteri), which can grow to four feet in height and 50–100 pounds in weight. The smallest is the little penguin (Eudyptula minor) which grows to an average 17 inches in length and weighs about 3.3 pounds. Jurgen Christine Sohns/Getty Images Habitat Dont travel to Alaska if youre looking for penguins. There are 19 described species of penguins on the planet, and all but one of them lives below the equator. Despite the common misconception that all penguins live among the icebergs of the Antarctic, thats not true, either. Penguins live on every continent in the Southern Hemisphere, including Africa, South America, and Australia. Most inhabit islands where they arent threatened by large predators. The only species that lives north of the equator is the Galapagos penguin (Spheniscus mendiculus), which, in line with its name, resides in the Galapagos Islands. Diet Most penguins feed on whatever they manage to catch while swimming and diving. Theyll eat any marine creature they can catch and swallow: fish, crabs, shrimp, squid, octopus, or krill. Like other birds, penguins dont have teeth and cant chew their food. Instead, they have fleshy, backward-pointing spines inside their mouths, and they use these to guide their prey down their throats. An average-sized penguin eats two pounds of seafood per day during the summer months. Krill, a small marine crustacean, is a particularly important part of the diet for young penguin chicks. One long-term study of the diet of gentoo penguins found that breeding success was directly related to how much krill they ate. Penguin parents forage for krill and fish at sea and then travel back to their chicks on land to regurgitate the food into their mouths. Macaroni penguins (Eudyptes chrysolphus) are specialist feeders; they depend on krill alone for their nutrition. Ger Bosma/Getty Images Behavior Most penguins swim between 4–7 mph underwater, but the zippy gentoo penguin (Pygoscelis papua) can propel itself through the water at 22 mph. Penguins can dive hundreds of feet deep, and stay submerged for as long as 20 minutes. And they can launch themselves out of the water like porpoises to avoid predators below the surface or to return to the surface of the ice. Birds have hollow bones so theyre lighter in the air, but a penguins bones are thicker and heavier. Just as a SCUBA divers use weights to control their buoyancy, a penguin relies on its beefier bones to counteract its tendency to float. When they need to make a quick escape from the water, penguins release air bubbles trapped between their feathers to instantly decrease drag and increase speed. Their bodies are streamlined for speed in the water. Reproduction and Offspring Nearly all penguin species practice monogamy, meaning a male and female mate exclusively with each other for the breeding season. Some even remain partners for life. The male penguin usually finds itself a nice nesting site before attempting to court a female. Most species produce two eggs at a time, but emperor penguins (Aptenodytes forsteri, the largest of all the penguins) raise just one chick at a time. The emperor penguin male takes sole responsibility for keeping their egg warm by holding it on his feet and under his folds of fat, while the female journeys to the sea for food. Penguin eggs are incubated between 65 and 75 days, and when they are ready to hatch, the chicks use their beaks to break the shell, a process which can take up to three days. Chicks  weigh about 5–7 ounces at birth.  When chicks are small, one adult remains with the nest while the other forages. The parent tends to the chicks, keeping them warm until their feathers develop in about 2 months, and feeding them regurgitated food, a period which varies between 55 and 120 days. Penguins reach sexual maturity between three and eight years of age. Sylvain Cordie/Getty Images Conservation Status Five species of penguins are already classified as endangered (Yellow-eyed, Galapagos, Erect Crested, African, and Northern Rockhopper), and most of the remaining species are vulnerable or near threatened, according to the International Union for Conservation of Natures Red List. The African penguin (Spheniscus demersus) is the most endangered species on the list.   Threats Scientists warn that penguins worldwide are threatened by climate change, and some species may soon disappear. Penguins rely on food sources that are sensitive to changes in ocean temperatures, and dependent on polar ice. As the planet warms, the sea ice melting season lasts longer, impacting krill populations and penguin habitat. Sources Barbraud, Christophe, and Henri Weimerskirch. Emperor Penguins and Climate Change. Nature 411.6834 (2001): 183–86. Print.BirdLife International. Spheniscus demersus. The IUCN Red List of Threatened Species: e.T22697810A132604504, 2018.Bradford, Alina. Penguin Facts: Species Habitat. Live Science, September 22, 2014.Cole, Theresa L., et al. Ancient DNA of Crested Penguins: Testing for Temporal Genetic Shifts in the World’s Most Diverse Penguin Clade. Molecular Phylogenetics and Evolution 131 (2019): 72–79. Print.Davis, Lloyd S. and John T. Darby (eds.). Penguin Biology. London: Elsevier, 2012.  Elliott, Kyle H., et al. High Flight Costs, but Low Dive Costs, in Auks Support the Biomechanical Hypothesis for Flightlessness in Penguins. Proceedings of the National Academy of Sciences 110.23 (2013): 9380–84. Print.Lynch, Heather J., William F. Fagan, and Ron Naveen. Population Trends and Reproductive Success at a Frequently Visited Penguin Colony on the Weste rn Antarctic Peninsula. Polar Biology 33.4 (2010): 493–503. Print. Lynch, H. J., and M. A. LaRue. First Global Census of the Adà ©lie Penguin. The Auk: Ornithological Advances 131.4 (2014): 457–66. Print.Species Profile for African penguin (Spheniscus demersus). ECOS Environmental Conservation Online System, 2010.Threats to Penguins, Defenders of Wildlife.Waluda, Claire M., et al. Long-Term Variability in the Diet and Reproductive Performance of Penguins at Bird Island, South Georgia. Marine Biology 164.3 (2017): 39. Print.Waters, Hannah. 14 Fun Facts About Penguins. Smithsonian, April 25, 2013.

Unemployment In America Research Paper Example | Topics and Well Written Essays - 1250 words

Unemployment In America - Research Paper Example Moreover, tax remission declines because the unemployed group includes individuals who have lost their employment for some reasons. Unemployment also increases the expenditures of the federal government. In the long run, the unemployed experience erosion of their skills which causes productivity when they get employed in the future (Bluestone, 2013). Researchers indicate that those who stay unemployed for long periods of their youthful years end up earning lower wages because it takes them a long time to adapt to the work environment, as well as acquisition of skills. Working conditions and rate of salaries have forced a significant number of employed Americans to drop out of their jobs. Part-time jobs, on the other hand, are deceptive to the statistics of unemployment rates since most of the part-time jobs are not satisfactory to the needs of the part-time workers. Only about 47.7% of adults in the United States work in full-time jobs. These are the only American adults working on jobs that are not satisfactory enough. It implies that most Americans would like to work on better paying jobs under proper working conditions Declines in the demand for services and goods are a major contributor to unemployment. Products and services create employment through the many transactions needed to deliver them to consumers. The production of products and services requires a significant number of employees. If the demand for goods is weakening, firms producing goods and services are forced to lay off some employees to reduce extra costs. Therefore, some people lose employment when demand for goods and services they were producing becomes lower (Bluestone, 2013). Most goods and services go through many processes before reaching the consumer. These processes create employment for many people as well. For example, some industries manufacture goods and deliver them to other industries for further processing.

Environmental Economics Assignment Example | Topics and Well Written Essays - 2250 words

Environmental Economics - Assignment Example People have associated natural resources as the basic elements for the production of basic commodities such as mineral products, fishing and forestry. For this reason, there is a greater need to value these resources in a bid to limit their use and bring sustainability in their utilization (Elibrary.worldbank.org, 2015). Environmental economics brings about a myriad of concepts that include green economy and green growth. A green economy is one that aims at bettering the lives of human beings, bringing about social equity while reducing environmental risks significantly. This entails the need to facilitate growth that is driven by private and public investments that serve the purpose of reducing pollution and carbon emissions, enhancing the efficiency of national resource utilization and prevention of ecosystem loss and biodiversity. It is also important to note that a green economy serves to support the concept of sustainability (Kettunen and ten Brink, 2012). Green growth on the other hand entails the overall strategies that serve the purpose to describe a way in which growth in the economy integrates the use of natural resources sustainably (Publishing, 2014). To make the concept of green economy a reality, it is paramount that we inculcate important aspects and conditions. This includes national regulations, policies, incentives and subsidies, international markets, trade and aid protocols. In this paper, we discuss one of the distinctive issues where providing public environmental goods represents a priority. The Main focus is on the need to provide natural capital and resources. This is a delicate matter because when it comes to dealing with natural resources such as forests, there is need to ensure that while utilizing the resource, we should put into consideration its overall implications and thus be at a position of dealing with issues as they arise, either positive or negative

History ( global civilization ) Term Paper Example | Topics and Well Written Essays - 250 words - 1

History ( global civilization ) - Term Paper Example This was the reason for the east and native rebellions for their trade increases. The main reason for the partition of Africa was that in 1882, Britain took it over and in 1890’s it took the biggest share of the east - central Africa, Sudan and Rhodesias. In 1898, there were conflicts with France and Germany. 1n 1900, Europeans led only Ethiopia and Liberia leaving the rest of Africa. The European partitioners thought of Africa as a mirage and cared more about vision rather than reality. In the view of Africans it was unification what Europeans thought as partition. Soon after the partition of Africa, the Europeans started initiating colonization and political units within their societies with diversified history and cultural background. By the end of 19th Century, the Europeans divided the major part of Africa amongst themselves. Finally, the African nationalists took over the artificial units made by Europeans who dominated and exploited Africa (Koponen, pp.

The Vision Statement Essay Example | Topics and Well Written Essays - 750 words

The Vision Statement - Essay Example In other words, the vision statement describes the strategic objectives of an organization that are to be accomplished in the long run. â€Å"Your vision Statement is a succinct declaration of your ideal future, usually three, five or ten years out† (Woolf, 2012). On the other hand, the mission statement describes the short-term goals of the organization. Another perspective about the difference between the vision statement and the mission statement of an organization is that the vision statement talks about the personal growth of business as wanted by the owners of an organization in the long run whereas the mission statement talks about the benefits the organization will provide the society with as it functions by delivering its goods or services to the consumers. The vision statement gives a direction to the organization. Both the vision statement and the mission statement consist of goals, but the factor that distinguishes between the two kinds of statement is the entity t hat will benefit from the achievement of those goals. Mobilink is a telecommunication company in Pakistan. The vision statement of Mobilink is, â€Å"To be the leading Telecommunication Services Provider in Pakistan by offering innovative Communication solutions for our Customers while exceeding Shareholder value & Employee Expectations† (Mobilink, 2012). ... The importance of a vision statement for an organization cannot be overemphasized. Having an appropriate vision can help an organization because the vision statement gives it direction. â€Å"Without it, it’s like setting sail in a yacht with neither a sail nor an anchor – the sail to get you there with the help of the wind, and the anchor to moor you both along the way and when you get ‘there.’† (Woolf, 2012). Once the leader of an organization knows where he/she wants to take the organization in the future, he/she decides the course of action accordingly. There are various milestones in the identified course of action leading to the attainment of the ultimate objective. For example, Mobilink’s vision statement suggests that the leader of this company needs to adopt such strategies that Mobilink is not just as good as its contemporaries in the market, but is good enough to lead them in Pakistan. Vision statement does encourage organizational change. Change is an inherent process of any organization that wants to progress. In order to be successful, the micro- and macro-culture of an organization needs to be modified so as to adapt to the changing environment and advancing technology. In case of Mobilink, if Mobilink wants to be the leading telecommunication services provider, it is imperative that it keeps advancing constantly to keep performing better than other telecommunication services providing companies in Pakistan. This requires adoption of new technology, which in turn requires constant change. Change needs to be introduced at every level. Not only the new technology is to be purchased, but also the workforce has to be provided with education and training in order to inculcate the necessary skills in them required to use the

Virginia and Kentucky Resolutions Essay Example | Topics and Well Written Essays - 500 words - 1

Virginia and Kentucky Resolutions - Essay Example However this evolution came with a struggle that was marked by numerous constitutional crises. Perhaps the most important early constitutional crisis that dealt with this issue revolved around the passage of the Alien and Sedition Acts. These laws, which dealt censorship in the press, immigration, treason, and related punishments, were established by national government and endorsed by a majority of the states as a means of securing the national safety and welfare during its time of early development, but they were believed by several key founding fathers – notably Thomas Jefferson and James Madison – to be unconstitutional. In response to the laws, Jefferson penned the Kentucky Resolution and Madison the Virginia Resolution – both documents that mapped out a protest against the national laws which eventually fed into those later constitutional fights. In this brief paper, the arguments Jefferson and Madison put forward will be compared and contrasted. Both Jefferson and Madison relied on a theory of a national compact in the establishment of the US Constitution which argued that the states were the true representatives of the people and that they had endorsed the national constitution, but only so far as it went in carrying out its limited powers enumerated in the Constitution. Madison (1798) wrote that the Virginia Assembly viewed the national government’s role â€Å"as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact.† He argued that that the states had a â€Å"right† and in fact were â€Å"duty bound† to â€Å"interpose† when the national government overstepped its role and sought powers that the states believed were beyond the limits of its authority. Jefferson (1799) agreed, claiming that if the national government were the sole authority regarding the limits of its authority it would lead to the dissolution of the states and a

The Vision Statement Essay Example | Topics and Well Written Essays - 750 words

The Vision Statement - Essay Example In other words, the vision statement describes the strategic objectives of an organization that are to be accomplished in the long run. â€Å"Your vision Statement is a succinct declaration of your ideal future, usually three, five or ten years out† (Woolf, 2012). On the other hand, the mission statement describes the short-term goals of the organization. Another perspective about the difference between the vision statement and the mission statement of an organization is that the vision statement talks about the personal growth of business as wanted by the owners of an organization in the long run whereas the mission statement talks about the benefits the organization will provide the society with as it functions by delivering its goods or services to the consumers. The vision statement gives a direction to the organization. Both the vision statement and the mission statement consist of goals, but the factor that distinguishes between the two kinds of statement is the entity t hat will benefit from the achievement of those goals. Mobilink is a telecommunication company in Pakistan. The vision statement of Mobilink is, â€Å"To be the leading Telecommunication Services Provider in Pakistan by offering innovative Communication solutions for our Customers while exceeding Shareholder value & Employee Expectations† (Mobilink, 2012). ... The importance of a vision statement for an organization cannot be overemphasized. Having an appropriate vision can help an organization because the vision statement gives it direction. â€Å"Without it, it’s like setting sail in a yacht with neither a sail nor an anchor – the sail to get you there with the help of the wind, and the anchor to moor you both along the way and when you get ‘there.’† (Woolf, 2012). Once the leader of an organization knows where he/she wants to take the organization in the future, he/she decides the course of action accordingly. There are various milestones in the identified course of action leading to the attainment of the ultimate objective. For example, Mobilink’s vision statement suggests that the leader of this company needs to adopt such strategies that Mobilink is not just as good as its contemporaries in the market, but is good enough to lead them in Pakistan. Vision statement does encourage organizational change. Change is an inherent process of any organization that wants to progress. In order to be successful, the micro- and macro-culture of an organization needs to be modified so as to adapt to the changing environment and advancing technology. In case of Mobilink, if Mobilink wants to be the leading telecommunication services provider, it is imperative that it keeps advancing constantly to keep performing better than other telecommunication services providing companies in Pakistan. This requires adoption of new technology, which in turn requires constant change. Change needs to be introduced at every level. Not only the new technology is to be purchased, but also the workforce has to be provided with education and training in order to inculcate the necessary skills in them required to use the

Critique Inferential Presentation-Statistics Essay

Critique Inferential Presentation-Statistics - Essay Example So, with ÃŽ ± = 0.05, the critical value of F in this analysis of variance test was F0.05 (1, 4) = 230. Since computed F (FC) is less than Tabulated F (FT), Ho is accepted. This is because the result of the â€Å"Analysis of Variance† (ANOVA) shows that the computed F (12.43) is less than the tabular values of F-statistics (230) at 0.05 degree of freedom (1, 4). This means that there is no significant difference between the variables of amounts claimed and amounts reimbursed in relation to â€Å"legitimate† expense claims. The resultant R Square 0.7565 is very close to 1 and it is above 0.75 which means that the correlation is near normal curve distribution, so, it is interpreted as very high positive correlation. Thus, in percentile (%), 75.65 is an indicator of significant relationship between the variables of amounts claimed and amounts reimbursed in relation to â€Å"legitimate† expense claims. Finally, the R square of 0.756494365is quite near to the adjusted R square 0.695617957. This means that the regression model approximately fits the data. The variables of amounts claimed and amounts reimbursed in relation to â€Å"legitimate† expense claims are not significant in the full regression equation. This is because the p-value of the two variables is not equal to zero. All of the test statistic values were very close to 1.96 which means that the hypothesis is rejected. The test statistics value of the Y-Intercept is z = 140.868609 / 26.70413145 = 5.275161606. The value falls near in the right rejection region. The test statistics value of P Claimed (250.5) = 0.283748969/ 0.0804926= 3.525155969. The value falls near in the right rejection

Conflict between Free

Conflict between Freewill and Fate Essay Sophocles lived in the 5th Century BC, arguably the age at which the Greeks started questioning the validity of their Gods and Religious beliefs. As a playwright and as a keen social observer (he is credited with winning the maximum number of awards for his plays during his lifetime among his contemporaries), Sophocles might have felt an obligation to emphasize that Fate and Gods were what guided the human life. A healthy respect for Fate was required to accept Life in its entirety. The underlying concept of the story of Oedipus Rex is the all encompassing power of coincidences. One might choose to call it Fate or a deterministic Universe. For Sophocles and all his readers, it is the amazing possibility of symmetry in events. What is Free Will? Freewill is the ability to take independent decisions, and it also includes a deep rooted desire to counter any attempt to predetermine future. Freewill always tends to adopt measures to break loose from any prediction. This tendency to try and break away from any foregone conclusion has been the chief motivation for progress. But, in the limited context of Oedipus Rex, predictions, instigate the freewill to try and rebel. Prominent evidence of this struggle from Oedipus Rex â€Å"An oracle Once came to Laius (I will not say Twas from the Delphic god himself, but from His ministers) declaring he was doomed To perish by the hand of his own son, A child that should be born to him by me. †(lines 713-715) Jocasta and Laius were forewarned through a Prophecy that a son born through their union shall slay Laius. But this only led them to banish the child to be killed in the hope that the prophecy is belied. At the same time, the prophecy to Laius and Jocasta was not complete – it did not talk about the incestuous relationship their son would have with his mother. â€Å"†¦Apollo sent me back Baulked of the knowledge that I came to seek. But other grievous things he prophesied, Woes, lamentations, mourning, portents dire; To wit I should defile my mothers bed And raise up seed too loathsome to behold, And slay the father from whose loins I sprang. †(lines 816-821) Thus was Oedipus forewarned. He had gone to the Oracle to find out if there was any truth in the scandal that was spreading in Corinth that he was not the son of the king Polybus of Corinth. Instead of giving him any clarity on his confusion, the oracle set him on the course of his life that would fulfill the prophecy. When he learnt that he shall commit murder of his father and incest on is mother, Oedipus was still under the impression that Polybus and Dorian were his parents. To avoid any such possibility in his life, Oedipus decided to leave Corinth and that journey (prompted wholly by the prophecy) actually set him on the path to his destiny – A self fulfilling prophecy. These two are the most important manifestations of freewill trying to rebel against a rarely revealed future events of fate. When it is prophesied that certain events of great magnitude or villainous impact are about to happen in the future, it is the absolute nature of the freewill to try and avoid it. Arguments suggesting that Sophocles does not support the supremacy of Fate over Free will Eminent scholar E. R. Dodds in his â€Å"misunderstanding of Oedipus Rex† criticizes the most significant ways of understanding Oedipus Rex. His most important grouse is that the scholars and students alike fall prey to viewing Sophocles’ work through the prisms of philosophical thought processes which were non-existent during Sophocles’ time. Besides, the student community that studies Oedipus Rex tries to ascribe motive where none might have been intended. Point wise rebuttal to Dodds’s arguments Dodds. In his scholarly analysis of the popular misunderstanding of Oedipus Rex puts forth the following points in defense of his arguments. †¢ Sophocles does not intend Oedipus to be a villainous person being punished by Gods for his evil thoughts and actions. †¢ Sophocles does not intend Oedipus to be the prototype Greek tragic hero, whose one tragic flaw creates all the tragic consequences in the drama. †¢ Sophocles does not intend to state that there is no scope for free will and that the Fate reigns supreme. The first point of the argument is valid as Sophocles designs the character of Oedipus as heroic and it is prominently mentioned in most conversations of the stand alone characters and the chorus. His valor, his compassion and his ability to seek truth even if it be detrimental to his own self are heroic characteristics designed to evoke a mixture of admiration for his strength of character and sympathy for the travails he undergoes. The chorus sing the virtues of the king in unequivocal terms and all the incidents that lead to the story of Oedipus Rex establish his character as admirable, if not entirely beyond reproach. (his suspicion of his brother-in-law might be a lapse, but not a flaw of character) â€Å"Upraise, O chief of men, upraise our State! Look to thy laurels! for thy zeal of yore Our countrys savior thou art justly hailed:†(lines 53-55) Tragic Flaw While trying to relieve Oedipus of the tragic flaw, Dodds tries to reason that the concept of hamartia led by hubris is not evident in the Sophoclean hero. It can be argued that â€Å"Poetics† of Aristotle was a guiding light to playwrights and was a great contributor in shaping Greek literature. But it was within the capacity of the playwrights, creative geniuses all, to reinterpret the laws or rules of Poetics to further their own literary achievements. Even while adding his own interpretation to the concept of tragic flaw, Sophocles remains loyal to the concept per se. The tragic flaw of Oedipus might have been the fact that even when he was forewarned of a future in which his life shall harbor aberrations that the natural universe abhors, he had the courage to try and avoid it. A lesser man would have hid behind the inevitability of Fate or made such drastic changes to his won character as to avoid any such possibility. As Dodds suggests, some of the readers of Oedipus wonder why Oedipus did not give up fighting (even in self defense) against people older than him or in engaging in physical relationship with women older than him. Dodds answers saying that we are not to question what is not in the play. In fact, this might be the tragic flaw of the protagonist. Even after he is warned of the possibility of patricide and incest, Oedipus does not leave behind his virtuous qualities of valor (which leads him to kill Laius) and compassion (which leads him to free Crete from the songstress and take Jocasta as his wife). His sense of righteousness makes him leave Corinth to avoid patricide and incest as he believes Polybus and Dorian to be his parents. This flight is in the strongly held belief that he detests the unnatural acts of patricide and incest and it is within his capacity to avoid them by charting his own course and at the same time retaining his primary character traits of compassion and courage in the face of adversity. Dodds stresses his argument that Sophocles does not intend to make any statement on the finality of Fate and he bases it on two points. †¢ Sophocles is not the victim of any knowledge of determinism which was a later stage philosophical development largely credited to the Kantian determinism. †¢ Sophocles does not intend to preach the supremacy of fate because most incidents of the Play are a result of the exercise of Free will. Sophocles might not have been privy to the philosophical leanings of the determinism of the late 18th and early 19th century. But that does not exclude the gamut of his knowledge from knowing anything of that. In fact philosophical treatises have been, for the most part, clarified pronunciations of the existing thought derived through scientific observation. Determinism as a clear treatise might not have been available to the Greek playwrights but the concepts of a superior design to life which has the power to supersede human interventions has always caught the fascination of creative contributors as evidenced from the earliest forms of literature. The French concept of Poetic justice or the Christian concepts of adequate justice have been used in works earlier than these periods but they have been recognized and grouped only in the last four to five centuries. It is not that the critics are viewing the older works through newer prisms but the scholars are able to identify the evidence of such concepts even in earlier works. This is intellectually honest analysis and it is hard to understand why Dodd argues them to be invalid. For instance, if Pasteur discovered germ theory of disease in the early part of the 19th century, why is it not valid to find that similar germs or micro-organisms were cited in the out break of any contagious disease in the previous centuries. The scientists and philosophers in both cases have only discovered what was either already existent or known in some different form. Therefore, it seems invalid to argue that Sophocles might not have had the supremacy of Fate or determinism in mind when he crafted the symmetrical cycle of events in Oedipus Rex. Dodds says that Oedipus Rex is a manifestation of Free will. In his own words, â€Å"Oedipus might have left the plague to take its course; but pity for the sufferings of his people compelled him to consult Delphi. When Apollos word came back, he might still have left the murder of Laius uninvestigated; but piety and justice required him to act. He need not have forced the truth from the reluctant Theban herdsman; but because he cannot rest content with a lie, he must tear away the last veil from the illusion in which he has lived so long. Teiresias, Jocasta, the herdsman, each in turn tries to stop him, but in vain: he must read the last riddle, the riddle of his own life. The immediate cause of Oedipuss ruin is not Fate or the gods—no oracle said that he must discover the truth—and still less does it lie in his own weakness; what causes his ruin is his own strength and courage, his loyalty to Thebes, and his loyalty to the truth. In all this we are to see him as a free agent: hence the suppression of the hereditary curse. And his self-mutilation and self ¬-banishment are equally free acts of choice. †(Dodds 1985, p71) But these are not manifestations of free will but the struggle of free will against an all powerful fate. All the attempts made by the wise and virtuous Oedipus to avoid the aberrations of nature at his won hand are defeated partly by design and partly by curious coincidences. Conclusion Aristotle’s Poetics suggests that Greek drama is not pure entertainment. It had a communal function to contribute to the development of the community. It is easy to believe that Sophocles was a strict adherent to this principle because he won the most competitions during his lifetime compared to any of his contemporaries. His dramas were popular with both the entertainment-seeking public and the critics. Therefore it is safe to assume that Sophocles tries to establish the depravity of the acts of Patricide and incest through Oedipus. The message that resonates is that if a man of great wisdom, courage and all admirable qualities like Oedipus can fall prey to the hands of fate and commit the most heinous of acts, it is but the duty of the wider public to guard against any temptations that might make them break the natural or communal law. Besides, if Oedipus could not over come his guilt even after trying his entire life to avoid such acts and if the guilt is so all consuming that he blinds himself and seeks exile, it is better for the normal man to watch out for any of these sins. The all-consuming guilt is so over powering that no man can remain nonchalant after committing any of these crimes knowingly or unwittingly. A good moral for a drama that retains its mystique and appeal due to its craftiness and perfect symmetry in the cycle of events References Dodds. E. R. (1985). The Ancient Concept of Progress and Other Essays on Greek Literature and Belief: And Other Essays on Greek Literature and Belief. New York : Oxford University Press (Translated by Malcolm Heath). Aristotle. 1996. Poetics. London: Penguin Classics

Examining The Psychological Offender Profiling Investigation Criminology Essay

Examining The Psychological Offender Profiling Investigation Criminology Essay Offender Profiling is an investigative tool that is used by psychologists to help them work out exactly why a particular crime has been committed and why a criminal is behaving in a certain way. This tool is used to research the types of crimes people are committing and how an offender picks his or her victim. This method of research also helps the Criminal Justice System at a significant degree. It enables them to make a decision based upon the research and facts, which makes the overall verdict more ethical. The aim of Offender Profiling is to go beyond the facts and develop a hypothesis about the offender. Holmes Holmes (1996) suggests three objectives to meet this aim. These are to: 1) to provide the police with basic information about the certain personality attributes of the offender such as age, family, ethnicity, employment and marital status, 2) to suggest any belongings the offender may have that would lead him to committing this crime and 3) to provide interviewing strategies and suggestions the police may use when questioning a suspect. The British approach on Offender Profiling is very different to the American approach. The British approach does not categorise crimes and try to fit them into theories but takes a more scientific approach to analysing every possible data of a crime and using these to develop the profile, whereas the American approach (FBI) to developing an offender profile is different to this. Their approach has been developed from an initial sample of interviews with 36 convicted serial sexual murderers, together with detailed information from crime scenes i.e. the location and timing of the crimes, medical examination reports, any crimes that have already been committed in the neighbourhood, the victims whereabouts and the amount of forensic awareness shown by the offender.  [1]  This is done in order to help them establish a bigger picture of the crime and help them identify the psychology behind it. Offender Profiling was first used in the Second World War to see if there were any weaknesses that can be exploited and enhanced for the future. For example, Langer conducted a profiling on Hitler and concluded that if he had lost the Second World War he would commit suicide. He was correct. After the defeat in 1945, Adolf Hitler committed suicide and passed away. Psychiatrists believe that the basic assumption of Offender Profiling is that the offenders have a certain fingerprint, in other words, certain behaviour at the crime scene which is a reflection of their personality and characteristics. For example, a criminal tying up the victim the psychological fingerprint behind this would be that the offender wants control and dominance over the offender in order to defeat them. Another example can be shown from a rape case. When an offender has committed rape they would wash the victim. The psychological fingerprint behind this would be that the criminal either feels some sort of remorse so he/she wants cleanse or that they want the case to be so inconspicuous that they even remove the victims pubic hair. How Offender Profiling influenced Courtroom The courtroom is very important in the British Criminal Justice System. There are two types of profiling techniques that are used in trials. The first is what we call deductive Offender Profiling, which concerns itself with the particular behavioural evidence of a case. Second is inductive profiling which assumes that when a criminal commits a crime, he or she will have a similar background and motive to others who have committed a similar crime. There are related problems of the use of Offender Profiling in the courtroom. The first is unawareness about the nature of Offender Profiling and physical evidence. The second is when the profilers are too zeal. When these two problems cross in a single case, it may be that an offender profiler gives opinions with strong confidence about circumstances and behaviours that are assumed and not established.  [2]   Interviewing Offender Profiling can help the CJS and the police in terms of suggesting effective ways of interviewing, related to specific criminal types. Not all will react to questioning in the same manner. An effective way of questioning for one person may be ineffective for someone else. This is because not all murderers commit murder for the same reason. This means depending on their reasons for committing a crime, they would need different strategies of questioning. An example can be shown by the murder of a young girl and her boyfriend in which the stepfather was the main suspect but there was no forensic evidence to convict him. When he was questioned in the usual way, he denied any involvement. The profiler suggested that as he was a man who had a great requirement for control, it would be good to ask for his help in solving the crime. Pretending to be doing this, the suspect was given lots of photographs of the crime scene and thinking he was in control of the investigation, became so o ccupied in talking about the case that he revealed more and more his knowledge with the crime until he eventually gave up and confessed.  [3]   Victims Offender Profiling certainly impacts victims in various ways. The most evident is that it helps police find their offender. The victim may be traumatised as a result of the offence and may feel threatened that the perpetrator will return therefore being scared to leave their home. If the offender is convicted, the victim will be relieved and at least try and continue with their normal life. Mental health Ressler (1992) says that mental health professionals have an interest in offender profiling and have also helped research in the study of criminal psychology. Thus, it is suggested that clinicians could be used to help the Criminal Justice System in suggesting ways of profiling and ways of treatment. Police Profiling can give the police a new or different direction in their attempt to catch the offender by reducing the list of suspects. This is by giving them information about the choice of victim, the location, anything that was said by the offender and the nature of the offense. These things may help to give the offender more of a personality, and thus help the police in their chase of the offender. Profiling is not aimed to tell the police who actually committed an offence; instead it aims to suggest to them some personality and demographic characteristics that the offender is likely to possess. If for example the police are investigating a number of rapes in the same area, they will be pleased to identify whether the same person has committed them. They will need to know if they should be look ­ing for one or several offenders. In addition, a profile can help police in reducing their list of suspects and to avoid wasting time on enquiries which are likely to be useless. If a suspe ct of the police does not match any of the profilers predictions then the police might spend less time following that particular person. In some case the profile may well fit someone whom the police already suspect and will therefore allow the police officers to concentrate their investigations on the most likely suspect. How Offender Profiling was used in real life cases During the period 1982-86, 24 sexual assaults occurred in North London near to railways. It was believed that one man committed all these crimes, though on some occasions he had someone that helped him out. Between 1985 and 1986 three murders occurred, and forensic evidence together with certain aspects of the attackers suggested that there were links between the rapes and murders. In 1986, police forces in South England were struggling to find the Railway Rapist, which then turned in to the Railway Killer. Dr. David Canter, a psychologist and criminologist was invited to compose British crimes first offender profile. When the offender, John Duffy, was later arrested and convicted, it turned out that 13 of Canters 17 announcements about the offender were correct. The case of Adrian Babb is another instance where Offender Profiling has been successful and therefore very helpful to the CJS. Between 1986 and 1988, seven attacks on elderly women took place in tower blocks in south Birmingham. Women aged 70-80 were followed into the lifts by a stocky young man who overwhelmed them and took them to the top floor of the tower block, where he raped them and escaped. The same patterns of the crimes suggested that the offense was committed by the same man. Because the criminal had a limited range of locations, victims and actions, this suggested that the offender was operating a limited world, wherein he was constrained in his actions. Victims reported the offender as black, athletic, without body scent and carrying a sports bag. He had no attempt to hide himself, thus he had no fear of being recognised and convicted. Canter labelled his approach Investigative Psychology, where he believes that offender goes beyond what he originally thought of Offender Profiling and covers a branch of applied psychology. Canter has a certain strategy that he uses within this investigation which helps him in finding the offender. He firstly tries to understand the types of crime individuals are likely to become involved in and the way the crime will be carried out. After that he tries to understand the way a criminal behaviour processes and how the crime mirrors their behaviour in their daily life. These led him to believe that there are associated activities that happen when a crime is being committed. He also believes that actions of offenders at the crime scene are likely to reveal something about their background. The important attributes Canter looks out for within his research are: location, biography, social and personal characteristics and occupational/ educational history. One other aspect of profiling is the methodological collection of data and statistical analysis. An example of this is when Canter and Heritage (1990) combed through the victim statements of 66 UK sexual assaults and with the use of statistics, they were able to identify clear patterns in the form of the attack. It is possible to group how the victim is treated in three ways, each giving clue to the offender. First is when the criminal treats the victim as a person this is when a conversation is involved in the duration of the attack, asking things to the with the womans love and personal life or complimenting her on her looks and body. This type of criminal believes that he is developing some sort of relationship with the victim and incorrectly thinks that the sexual assault produces closeness. The second is when the victim is treated as an object in this case, the victim may be blindfolded, while the offender tends to be covered. The offender here will mainly be concerned with control in the interaction of the rape. The third and final is when the victim is treated as vehicle when this is the case the offender uses violence to degrade the victim. The actions here are a mirror of the offenders anger and aggression. The third real life case I will discuss in the report is the case of Rachel Nickell, wherein Offender Profiling was used to help the police officers find the offender and help the CJS make a fair verdict. On 15th July 1992, a 23 year old model, Rachel Nickell, was walking with her son and her dog in Wimbledon Common when she was attacked and brutally killed. Alex (Nickells two year old son) was thrown into the bushes while Nickell was sexually assaulted, stabbed 49 times and had her throat cut. Another hiker who was also walking in the Common discovered Alex clinging to his mothers dead body, crying and pleading with her to get up. It was later found that Alex stuck a piece of paper on his mothers forehead in place of a plaster in attempt to make his mum better. The police tried their best to find the criminal but failed to do so. They felt under pressure and as a result, turned to a Forensic psychologist named Paul Britton, an expert in the science of Offender Profiling, and asked him to conduct an offender profile for this crime case. Britton had previously helped the police identify the killers of Jamie Bulger in Liverpool, and had worked on the Frederick West House of Horrors murders in Gloucester, and was felt to be the right man for the job.  [4]  A suspect was eventually identified by Britton and it was noted that he seemed to fit the profile well. A complex operation was planned by Britton, which was aiming to tempt Stagg into a confession using an undercover female police officer who faked a romantic interest in Stagg and a liking for Satanism. However, despite her efforts Stagg did not confess. Effectiveness of Offender Profiling in each case Canter (1990) is the UKs leading profiling expert; his approach looks out for the behaviour of the offender during the crime. In his approach no assumptions are made about the criminal and the approach relies heavily on facts. Canter believes that his approach has several advantages over crime scene analysis. First, his type of Offender Profiling draws directly on widely known psychological concepts. Second, his approach could be used extensively and should not be limited to just rape and murder. Finally, in his approach there is less chance for biased decision making. Canter argues that his approach is more scientific than the FBIs and as a result, his profiles are more useful in helping the police catch the actual offender and the CJS to make a fair verdict.  [5]   John Duffy, Railway Rapist For John Duffys case, Canter created a profile with the following key facts belonging to the rapist: The rapist would live in the area near some of the attacks. He would be living with his girlfriend or wife and will not have a child. He would be in his late 20s; his blood fluids would contain ABO antigens and he would be right-handed. He would be skilled in his job and work only at the weekends. He knows the railway system very well. He would have a criminal record of violence. This profile represents the use of behavioural characteristics to search for a criminal instead of pure forensic evidence from the crime scene. Out of 2000 suspects, Canter pinpointed the 1505th suspect, John Duffy, who was the actual offender. Duffy fit most of the profile, including a criminal conviction for raping his wife. The profile Canter developed matched 13 out of 17 details about Duffys characteristics. The remaining that didnt match Duffy was the biological characteristics; the offender was a lot shorter than victims remembered and many had described him as having black or even ginger hair. From the accuracy, it is evident that Offender Profiling has been a very effective investigative tool to use in this crime case.  [6]   Adrian Babb For Adrian Babbs case, Canter created a profile with the following key facts belonging to the attacker: Not violent because force is only used when necessary Athletic body suggests that that offender has an interest of solitary sports e.g. swimming or body-building Cleanliness and organisation suggests that he was obsessive No attempt to cover him or hide forensic evidence suggests that he was not aware of the procedures and therefore has not convicted before for this type of crime Ease with elderly women suggests that he dealt with elderly people in non-offence background Knowledge of tower blocks suggests that he lives in one Based on this profile, a police officer searched through the records of minor sexual offenders and found a match between Babbs fingerprints and those at the crime scene. It is evident that Offender Profiling has been a very effective tool to utilise in this case because it has helped the police catch the offender. From the above, we can see that Canters predictions were very accurate. As Canter clearly stated in the profile, the offender must have had no forensic awareness or knowledge of the likely procedures as he made no attempt to disguise himself. This was a very valuable point that led to the arrest of Babb. As Canter also predicted, Babb attended the swimming pool very often hence the cleanliness and the lack of body odour and also looked after sessions for the elderly. Rachel Nickell Brittons first task was to set up a clear picture of the kind of person Rachel was by interviewing her family and friends. His initial thoughts related to Alex, Nickells son. The fact that Alex was not harmed meant that Rachel had not known the offender and so this was not likely to be a domestic murder. The nature of the attack pointed towards a violent sexual psychopath. Based on his past interactions with sexual killers, Britton drew up a profile of the offender with the following points: The offender would be aged between 20 and 30 because the majority of sexual attacks are committed by young men He would not have the ability to relate to women in normal conversation. He would either have a history of failed or unsatisfactory relationships or no relationship history He would suffer from some form of sexual dysfunction He would be attracted to pornography which would play a role in his sexual fantasy life He would only have average intelligence and education because the attack was brutal If employed, he would work in an unskilled or labouring occupation He would be single and have a relatively isolated lifestyle He would have lonely hobbies and interests He would live within easy walking distance of Wimbledon Common and would be thoroughly familiar with it He would be very likely to kill another young woman at some point in the future. Colin Stagg was the named that cropped up four times after the murderers profile was broadcasted on Crimewatch. Stagg fitted Brittons profile precisely. During the police interview Stagg denied any involvement in the crime, but his answers to questions made stronger the match with Brittons profile. The police could find no physical evidence connecting Stagg to the murder but he remained the number one suspect. The complex operation which was planned by Britton had an adverse effect on the whole case. The evidence of Brittons profile and the information obtained from Lizzie James was thrown out of court and the defence argued that Brittons evidence was speculative and supported only by his instinct. Stagg was set free and Rachels killer was never found. This shows how Offender Profiling can be misused, misunderstood and misinterpreted if not conducted in a scientific way. Conclusion There are many arguments discussing the effectiveness of Offender Profiling, some of which are positive and some which are negative. Even though there have been less publicised cases where Offender Profiling was less accurate e.g. Copson (1995), it can still be a very useful tool in terms of helping the police find the offender. However it is important for the police to be careful not to be blinded to other possibilities. Occasionally criminals do not fit the profile and over use could lead to misjudgement of the Criminal Justice System. Offender profiling is more prediction than science based and therefore the validity is debated. Due to the fact that there is no hard evidence to work from, it is not possible to gain a definite result. Stereotype can be another factor that affects the way a criminal is profiled. For example, it may be that most rapists are single men that live on their own or with their parents but this may not always be the case and could lead to an inaccurate prof ile being created if the criminal is a married man who lives with his family. To assess the effectiveness of this investigative tool different research has been conducted. For example, Britton (1992) sent out questionnaires to the Criminal Investigation Department to identify the number of cases where an offender had been profiled led to arrest. He found that the results were mostly negative in the sense that most cases that were profiled did not lead to arrest. However, the majority of the respondents commented that it could have had a lot of potential in their experience of Offender Profiling.  [7]  

Self-reliance Essay -- essays research papers

1. The essay that I elected to read and analyze was "Self-Reliance" by Ralph Waldo Emerson. 2. The Transcendental Movement held a strong opinion that one should have complete faith in oneself. Emerson, being an avid transcendentalist, believed in this philosophy. He supported this concept that we should rely on our own intuition and beliefs. "Trust thyself: every heart vibrates to that iron string." Emerson, along with the Transcendental Movement, believed in the vitality of self-reliance. One must have confidence and belief in oneself. "†¦the only right is what is after my constitution; the only wrong what is against it." Once one has reliance upon oneself, he can generate his own set of ideals and morals, not just the ideals bestowed upon him by society. In obeying these principles of life, he has created a constitution of his own. This constitution is the guiding light of his life; it leads the way to truth and ultimate liberation and provides the right path to follow. This idea brings about the transcendental concept of the belief in the worth of the individual. The individual, in transcendental philosophy, has the power to accomplish anything and everything. Social organization and friendship offer a small satisfaction of companionship and structure in life, but one will ultimately succeed based upon his own skills and conviction. In doing so, he will lose interest in the society and concentrate on more individual dependency as he strives to gain ultimate truth in life. "What I must do is all that concerns me, not what the people think." Once one considers less the social ramifications of his actions and considers more the personal consequences, he will become more apt to discover what he is looking for; in the transcendentalists’ case, it was the meaning of life. 3. a). "To be great is to be misunderstood." This statement was used by Emerson to explain the lagging growth of the conception of ideas and thought of his generation. Original and novel ideas were and still are scorned by those who believe that the best method for learning is repetition and memorization. When one comes up with a groundbreaking idea, it is generally disregarded because so-called "experts" do not agree with it. This is because soci... ...ing is uncomfortable, we should leave. Conformity with society has disabled this aspect of human nature, and I feel that it is something that needs to be addressed. 4. We should not conform to the preconceived laws of society. When we dislike something, we should not hesitate to be different and oppose. Believe in the power of the individual, and learn to depend on yourself, in order to achieve greatness. 5. In reading this essay, I saw many viewpoints on life that I have never seen before. They are opinions that are different from what is normal, and they are sometimes abrupt and shocking. Some of the opinions are opinions that I can relate with; others were completely out of the ballpark. I was surprised, and a little excited to read many of the philosophies that Emerson held to be the great truths of this world. Emerson had many ideas that can benefit the world today; they can help societies evolve into better places for people to live. They also provide a call for humans to evolve from conforming automatons to individuals who do and say what they feel. These thought that Emerson conveyed moved me and made me realize how precious our free will and judgement are.

Difference And Inequality Essay

City Road is a good place to investigate inequality and differences as it plays host to a variety of different people, businesses and cultures. Inequalities and differences can be observed just by walking along City Road in the changes that have taken place, in the people that we meet and in the shops that we see, and can be measured in in many different ways. Inequality is prevalent all over the world and can be for various reasons. To discover where inequality and difference can occur we can compare the lives and circumstances of different individuals by asking questions and looking deeper into their stories to see if there is a pattern, in doing so we can get a sense of how inequality can occur. In the first video we heard from John Arthur, a homeless resident of City Road. John tells us of his childhood and how he started to drink at a very early age, he tells us that as an adult he made bad choices and even spent time in prison for his actions. John explains how he never felt like he fitted in anywhere, and blames this on his earlier years. This example in my opinion shows an unequal distribution of circumstance and care as a child and has directly impacted his place in society as an adult. As we compare John Arthurs`s story to Mark Hocking the differences are immediately obvious. Mark`s circumstances and social standing are better than John Arthur`s because Mark Hocking is well known and has a respected and well known business. Mark Hocking tells us how he had a car repair garage which did well in the early days, and he even managed to sell a few cars from the forecourt, however due to larger car show rooms emerging Mark felt his place on the street was in danger so he took the opportunity to reinvent his business and is now a well-established company making bespoke architectural items to order. John Arthur and Mark Hocking are excellent examples of how different lives and circumstances can affect your place in society, and how inequality can occur just by where you are born and how it can create differences in opportunities and income. In conclusion Inequalities can be defined in many different ways, through culture, distribution of resources, wealth, social stature and opportunity and many more.

Business Law Cases Summary

Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. – Usually upon condition that the other party agrees to do or refrain from doing something else in return. – Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price ? 900. Harvey says agree to buy for ? 900.Principle: Offer is more than a mere supply of information – Offer must show promissory intent – Australian Wooden Mills v Commonwealth in where the government †offer† did not ask anything in the return – Offer is not Invitation to treat and must be distinguished from ITT Invitation to Treat Is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own. Invitation to tre at lacks of promissory intent 1. Boots Case (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd) Self servicePS sued Boots cash for breach of pharmacy and poison act by selling certain poison not under supervision of registered pharmacist as boots cash is a pharmacy in a self service basis. However, there is one registered pharmacist in the cashier check out point. Principle: In the self service system, the offer is made by customer at the checkout point of sales while the acceptance is made by the cashier at the checkout point of sales as well. 2. Fisher v. Bell Shop Window Bell selling the flick knife which is showed in the window displayed. Bell was sued for offering the knife which is prohibited at that time by tatute. Principle: The display of an article with a price on it in a hop window is merely an invitation to treat. ITT can be an offer if: – Show promissory intent – Limited to who can accept – Limited to what can be accepted Offers to the World At Large Offers that are not directed to any specific person, but to anyone who becomes aware of them. 1. Carlill v. Carbolic Smoke Ball Carbolic smoke ball advertise promised reward to anyone who contracting influenza after using their product. To show the seriousness, they placed money ? 1000 in account. Mrs C used it and contracted influenza.Principle: An offer can be made to the world at large. The contract is made to limited portion of public, who perform the condition on the advertisement. And it show promissory intent. Offer must be communicated Offer becomes effectives if it is communicated and there is meeting in mind when they accept it. However, offeree must be aware of its existence and terms. 1. R. v. Clarke Reward for information about murder of 2 policemen. Clarke was arrested and to save himself, he gave the information. Principle: Offer must be accepted with the knowledge of the offer. Respon to Offer Accept – Clarify – Counter Off er – Reject – Do Nothing Counter Offer Rejection of the original offers which make the original offer to an end, and form a new offer. If the Counter Offer being rejected, the original offer will not revive, unless the offeror renew it. 1. Hyde v. Wrench Wrench made an offer to sell his farm to Hyde for ? 1000. Hyde says that he will pay ? 950. Wrench says no, and Hyde say want to pay ? 1000. Principle: Counter offer resulting the original offer to end. It is rejection of the first offer. Counter offer must be distinguished from mere inquiry . Stevenson Jacques v. McLean McLean made an offer to SJ to sell certain iron. In reply, SJ write â€Å"will accept 40 over 2 months†. As it is no reply, SJ write again to accept the 1st offer. Principle: Seeking clarification is not counter offer, but mere inquiry. Only the offeree who are directed to accept the offer by the offeror 1. Boulton v. Jones Jones places offer with old chum Brocklehurst. Boulton had taken over th e business and he filled the offer. Jones refused to pay. Principle: Only the person to whom the offer is directed can accept. Revocation by OfferorRevocation is not valid, unless it is communicated to the offeree. Revocation is valid before acceptance. Purported revocation after acceptance has been communicated is a breach. 1. Dickenson v. Dodds Dodds made an offer open until 9 am on the 12 June. On 11, Dodds sell the house to B, and B has told Dickinson. On 12 at 9 am, Dickinson comes bring the acceptance. Principle: The offer can be revoked indirect or via conduct. Acceptance (Topic 4) Is an absolute and unqualified assent to the terms of the offer, made in the manner specified or indicated by the offeror. 1. Master v. Cameron Masters want to buy Cameron farms.They make a document, signed by both party, indicating the future formal contract to buy the farms. Masters having financial difficulties to buy the farms and sued by Cameron. Principle: Agreement to agree later can’ t be force able. (Condition 3) Conditional Acceptance is not acceptance. Condition can be precedent or subsequent 1. Parties reach agreement but want terms to be written down 2. Parties reach agreement but performance subject to formal agreement 3. Parties didn’t intend to reach agreement subject to formal contract Subject to acceptance is not acceptance at all Manner of acceptance – Stipulation of the offeror Ought to be the same mode as the offer o If stipulated as the only mode, then must comply, otherwise should be equally or more advantageous. 1. Eliason v. Henshaw Eliason made an offer to buy flour from Henshaw and stated to reply by wagon. Henshaw is reply by post. Principle: if the method had been stipulated, it must comply otherwise, more advantageous. Postal Rule states that where acceptance by mail is contemplated, acceptance occurs immediately when the letter is posted RULES: Acceptance is complete when a properly addressed and stamped letter of acceptance is dropped in the mail box 1. Adam v. Lindsell nd Sept, Lindsell posts offer to sell wool, and requires acceptance â€Å"in the course of post†. On 5th Sept, the offer received by A, and posted it. On 8th Sept, L sold wool to X. On 9th Sept, A’s acceptance arrives. Principle: An acceptance is complete as soon as it is properly posted. Negating Postal Rule By using the term as â€Å"acceptance must be received by† or application close 1. Nunin Holdings v. Tullamarine Estates Nunin offered to buy a land from Tullamarine, via post. On May ’88 Nunin sends offer to purchase land. On June 16 Tullamarine sends a contract. On 5 September Nunin signs and mails back.On 12 September Tullamarine signs and sends back. On 13 September Tullamarine attempts to revoke before Nunin receives mail. Nunin had indicated at the start that the postal rule did not apply as it was stated in the mails on 5 September that the circumstance was receipt of the identical executed part, not its posting. Principle: The Postal Rule can be negated if this is made clear at the start of negotiations. Instantaneous Communication Postal rule didn’t apply in here. Acceptance By: Telex, Fax, E-mail, Web Form is not effective by simply sending it. The offeror must receive the acceptance then the contract can be formed. . Entores v. Miles Far East Co London co makes telex offer to Amsterdam co. Amsterdam Company accepts via telex. A contractual dispute arises. Principle: With instantaneous communication, the contract is complete as soon as the acceptance is received and at the place where it is received. Silence cannot be stipulated as the required manner of acceptance. 1. Felthouse v. Bindley F offers to buy a horse for ? 30/15/. â€Å"If I hear no more – I’ll consider the horse mine†. Principle: An offer cannot stipulate silence as a manner of acceptance, and acceptance requires positive mental assent.Acceptance can be communicated by conduct or words. 1. Brogden v. Metro Rail Written offer drawn up and sent. It never specifically accepted, but subsequent dealings were according to its terms. Principle: Acceptance can take the form of conduct. Intention (Topic 5A) The Presumption is with purely domestic, social, or voluntary arrangements it is presumed that the parties do not intend to create a legally enforceable agreement. Domestic 1. Balfour v. Balfour Husband agrees to pay monthly allowance ? 30 to wife while they are apart. Husband fails to pay & wife sues.Principle: A domestic arrangement is not intended to have legal effect. However the presumption can be easily rebuttable. 1. Wakeling v. Ripley Family give up job and move to live with wife’s brother. Brother promised to leave them his property. Dispute arises & Brother reneges on the promise. Sister & husband sue Brother for breach of contract. Principle: A definite agreement in serious circumstances will rebut the presumption. 2. McGregor v. McGregor Husband and wife issue assault charges against each other. They agree to settle the maintenance payment, living apart, etc. They are still legally married.Husband fails to pay maintenance. Principle: An agreement between husband & wife can be binding if they intend it to be a legally enforceable contract. Business & Commercial Such agreements are presumed to have the intention to be legally binds, however the presumption can’t be easily rebuttable. 1. Carlill v. Carbolic Smoke Ball Contents (Topic 6) [pic] The Parol Evidence Rule Where a contract is reduced to writing and appears to be entire, it is assumed that all the terms of the contract will be contained in it and No extrinsic evidence can add to or vary the written contract 1.Henderson v. Arthur Written lease of theatre with rent of ? 2,500 p. a â€Å"CASH†. T paid by cheque because the L had verbally stated â€Å"Don’t worry, a cheque is okay†. L sued for late rent payment. T said he paid by cheque but L now refused it. Principle: No extrinsic evidence can add to or vary the written contract. EXCEPTIONS: Partly written, partly oral contracts 1. Van Den Esschert v. Chappell Before Signing Contract To Purchase A House C Asks â€Å"Is The House Free Of White Ants (Termites)? † Van de Replied â€Å"Yes Of Course. If There Had Been Any I Would Have Taken Steps To Eradicate Them. Written Contract Makes No Mention Of â€Å"White Ants†. The House Turned Out To Have Termites Principle: Partly written and partly oral contracts don’t apply on Parol Evidence Rule. Sometimes A Verbal Term Can Be Included In The Contract, If It Doesn’t Contradict The Written Part. Nothing mentioned in the contract about the white ants Oral statement Representation or Term Representation Oral statement that is not intended to be bind Terms Oral or written statement that are intend to be bind Factor to decide it is term or representation – Time lapse before contracting – V erbal or Written Special knowledge or skill – Importance of the statement 1. Oscar Chess v. Williams W purchased a car from O, a registered dealer. He traded in his â€Å"1948† Morris (? 290). It turned out to be A 1939 Morris (? 175). The dealer sued for the difference in trade in values (? 115). Principle: The buyer does not have special skill or knowledge in car. Therefore, it is a representation as the dealer is supposes to know it better. 2. Dick Bentley v. Harold Smith Dealer wrongly stated that a vehicle â€Å"has done 20,000 miles† since the engine & gearbox was replaced. But it was more like 100,000 miles.Principle: The buyer relied on the special knowledge of the dealer. The dealer was in a position to know the true mileage. [pic] Condition Major Breach Going â€Å"To the Root of the Matter†. Non-breaching Party May: – Terminate The Contract. – Elect To Continue. – Sue for Damages. 1. Poussard v. Spiers P, an opera singer en gaged to perform from 28th Nov. P, falls ill & cannot attend until 4th Dec. Opening night is 28th. On 25th S&P hire another singer. Principle: Attending the night party is the root of the contract. Where a breach goes to the root of the matter, there is a breach of condition term.Warranties Minor Breach not going to the root of the matter. Non-breaching Party May: – Sue for Contractual Damages. – Not elect to terminate the contract. 1. Bettini v. Gye B, an opera singer contracts for 3 month season & to arrive for rehearsals 6 days before opening night. Due to illness B showed up only 2 days before. G terminates & sues for damages. Principle: A clause, not vital to the completion of an agreement is a warranty; (B was available for all performances). Innominate Term A term which is capable of either a major or minor breach. Major Breach => Can terminate the contract.Minor Breach => Payment of compensation. 1. L Schuler AG v Wickman Machine Tool Sales Ltd W contracts with S to sell S’s Machinery and to visit customers once a week. Contract describes the weekly customer visits as a â€Å"condition†. Machinery is sold but weekly visits do not happen. S terminates the contract & sues for damages. Principle: The weekly visit term was capable of major and (as in this case) minor breach, so it was innominate. The status of contractual terms is a matter of fact, not mere description. Effect of Signature Someone who signs a document is DEEMED to have read understood and agreed to its contents. . L’estrange v. Graucob L purchased vending machine signed but did not read contract. Machine defective but contract basically said â€Å"not responsible for defects†. Principle: If you sign something, then you have read, understood and agreed to it. There was no fraud or misrepresentation. L could not bring an action for breach of contract. Effect of Signature exception: 1. Misrepresentation. 2. Document does not appear contractual. 1. Cur tis v Chemical Cleaning & Dyeing Co C took a wedding dress to CCD for dry-cleaning. C asked to sign a receipt excluding CCD from damage to buttons & sequins.The receipt contained an exclusion from any liability whatsoever. The dress was returned stained & C sues. CCD tries to rely on the printed & signed receipt. Principle: Misrepresentations create an exception to the signature rule. Exclusion Clause Contract terms which excludes or limits the liability of one party. Where an exclusion clause in a â€Å"non-contractual† (not expected to contain terms of the contract e. g. voucher) a reasonable notice of the clause at that time of contracting will render if enforceable BASE RULE: If the exemption clause is in a signed document, it is binding. 1.Causer v. Browne Printed on a dry cleaning ticket: â€Å"NO RESPONSIBILITY FOR DAMAGE TO ARTICLES â€Å". C handed in frock which was returned damaged. C sues. Principle: The document was non-contractual in nature. A reasonable perso n would not expect to find contractual terms on it. 2. Thornton v Shoe Lane Parking Ltd T parked his car in an automatic car park & received a ticket. Sign at the entrance listed terms of use. One was â€Å"cars parked at owners’ risk†. Ticket referred to the terms of use. BUT notice was small and not conspicuous. T seriously injured when collecting his car & sues car park.Principle: T’s attention was not brought to the specific existence of the clause in a way that could be described as reasonable. Ticket was also issued when T could not revoke his offer. Furthermore, this was T’s first use of the car park. 3. Olley v Marlborough Court Ltd O booked in to hotel & paid for 1 week’s stay in advance. When O got to the room there was a sign on the wall disclaiming liability for loss of personal effects. O’s personal effects were stolen & O sued the hotel for the loss. Principle: A clause that is notified after the contract is formed is not part of the contract. Doctrine of Privity (Topic 7b)A person cannot incur obligations or gain rights under a contract to which they are not a party. Beneficiary can’t sue 1. Tweddle v. Atkinson On engagement, father & father-in-law agree to each pay the future husband ? 100. The father-in-law didn’t pay. Principle: â€Å"†¦ no stranger (to the contract) can take advantage of it, although made for his benefit†. Therefore, he can’t sue his father in law. Execption: Joint Promises 1. Coulls v. Bagots Executor Mr. Coulls made an agreement with O’Neil to quarry Coulls’s property, and to pay the royalty to him and to Mrs. Coulls. Not long after, Mr. Coulls dies.Principle: The contract must have been made with you as well as the other party even though the other party didn’t contribute any consideration, contract still exist. Mrs. C was not a joint promisee. If she is, then she can claim Property Law Act 1969 Where a contract expressly in it s terms purports to confer a benefit directly on a person, who is not named as a party to the contract, the contract Is†¦ Enforceable by that person in his own name but every person named as a party†¦ shall be joined to the action. Must have 2 Conditions: – Has be name beneficiaries in the contract – Join in the legal action 1.Westralian Farmers v. SMP Sale of stock from K to SMP. Contract requires SMP to pay commission to WF. Principle: S. 11 (2) PLA enables WF to sue if K is also named as co-defendant. It is also known as â€Å"joining†. Therefore WF entitled the commission. Termination (Topic 9) a. Discharge by performance Contract can be terminated when obligation (paying, transferring or other act of service etc. ) is performed: as agreed in the contract and within the time agreed. General Rule: Performance must be exact to be effective 1. Cutter v Powell Seaman signs on from Jamaica â€Å"†¦ To the port of Liverpool†¦ † He died a bout 3/4 of the way.The widow wants to claim the ? of his pay. Principle: The performance of a contract must be exact to be effectively discharged. It is an â€Å"entire† contract Exception: a. Where the contract is ‘divisible’ Divisible contract is a contract in where instead of doing for entire contract we can do it divisibly. b. The doctrine of substantial performance Pay full amount but subtract some amount to ratify the service. (Was treated as performed and payment was reduce for work not done) 1. Hoenig v. Isaac Contract is made for redecoration of flat for ? 750. Work was not done satisfactorily and cost ? 55 to repair.Principle: If contract is substantially performed then subtract the cost of fixing it. The contract is performed even it is partially defective. Therefore, ? 750-? 55 b. Discharge by Frustration Frustration = an intervening, dramatic situation rendering performance impossible or radically different from what the parties had in mind. A perso n was required to carry out their contract, no matter what 1. Paradine v. Jane P leased land to J. J was dispossessed by an invading prince. J refused to pay rent. Principle: Parties, who voluntarily enter into contracts, must perform all their obligations irrespective of what happens.They are â€Å"absolutely liable†. Therefore, J must pay the land, even though he is not occupy the land Because there are unfair things happen in Paradine v Jane case, therefore some exception in frustration is applied. It is apply because a. Contract is impossible to perform because of an event b. Nobody’s in the contract are fault c. Note ‘unforeseeable’ here means not provided for in the contract, not ‘impossible’ 1. Taylor v. Caldwell Fire burns down concert hall. The promoter does not have to continue to pay rent Principle: When, without fault of any party. The subject matter of the contract ceases to exist.The contract is discharged by ‘frustrationâ €™. Therefore, no more rent fees. 2. Krell v. Henry Contract was made to hire a flat for 1 day, to view the coronation procession of Edward VII. Coronation postponed. Principal: Where the entire basis of the contract does not occur the contract is discharged by frustration. Therefore, rent is not paid. 3. National carriers v. Panalpina LTD P leased a warehouse from N for 10 years. Road closed for 20 months. P refused to pay rent for those months. Principal: The purpose could still be substantially achieved, performance was not radically different.The contract was not frustrated. Therefore, the rent should be paid. Remedies 3 basic of remedies; 1. Discharge (for material breach) Contracts can be discharged if a breach is material. But – make sure it is actually a breach and not performance or frustration. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 m onths later G rescinds the contract. Principle: the right to rescind not available. Conduct of G amounted to affirming the contract. The contract was enforceable against G by S. MATERIAL: Justifies election to terminate – MINOR: Substantial performance. Does NOT justify termination by the innocent party. 2. Damages (for material or minor breach) Is a monetary compensation for loss caused by the breach. Breach can be: – MATERIAL: Breach of Condition or major breach of innominate term. – MINOR: Breach of Warranty or minor breach of innominate term. Rules of Damages – Must not be too remote. – Are compensatory / quantum, (calculation), of damages. – Must be mitigated. – Can be pre-agreed a) Rule of Remoteness For damages to be recoverable the loss must: a) Arise naturally from the breach {be reasonably foreseeable} – given reasonable current standards†¦ or: (b) Have been contemplated as a probable result of the breach 1. Hadl ey v Baxendale A contract made for the transportation of a crankshaft. It was breached by delay. Mill shut down for longer than expected, production lost. Principle: the mill owner can’t claim the profit on the lost production. Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as might fairly and reasonably be considered either: . arising naturally, that is, according to the usual course of things, from such breach of contract itself, or b. Such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. † Because the carrier did not know the machine was a vital part of the mill, he did not see it as probable that the mill would close down. Therefore he was not liable. 2. Victoria Laundry v. Newman Laundry buys boiler. Delivery required in June. Laund ry begins negotiating for lucrative new dyeing deal.But delivery delayed until November. Deal lost. Principle: ‘type’ of losses must be foreseen as a ‘serious possibility’. Therefore, the laundry can claim lost production, not lost new deal. Quantum of Damages Means the calculation of damages (Main Principle) The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. *Damages compensate for loss suffer 1. Commonwealth v. Amann Aviation Contract was made for coastal surveillance. AA sets up, modifying planes, training staff etc, but wasn’t ready on time to start contract.C terminated, but being a breach of warranty only, C’s termination is not justified – placing C in breach. Principle: The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. Therefore, the damages is awarded *Damages can be awarded for loss of a chance 1. Howe v. Teefy Lease of a racehorse for 3 years. Owner takes horse back after 3 months. Principle: Just because losses are â€Å"extremely difficult to quantify† doesn’t mean they won’t be ordered. This is â€Å"Loss of a Chance†. Therefore possible lost prizes can be claimed. Damages can’t be claim from loss of enjoyment or entertainment unless the fruit of the contract say so 2. Baltic v. Dillon Cruise liner sinks. Passenger sues for damages for disappointment & distress. Principle: While such damages are not usually given, this contract is to provide a relaxing holiday. This was the essence of the entire contract i. e. â€Å"†¦ The fruit of the contract is not provided†¦ † Therefore, the passenger can sue for disappointment and distress. *Damages must be mitigated Reasonable steps must be taken to minimise the loss. *Damages can be pre-agreedLiquidated damages arise from the parties agreeme nt to pay stated sum in the event of breach as long as it is a genuine pre-estimate and not a penalty 1. Dunlop Pneumatic Tyre Co Ltd. v New Garage & Motor Co. Ltd. D contracts with N to supply tires provided that N will sell them at D’s preferred price. Contract provides that damages will accrue to D in the amount of ? 5 per tire for each tire sold below D’s price. Principle: The amount stated was a genuine pre-estimate of the loss to D. therefore, the clause is not penalty. Equitable remedies SPECIFIC PERFORMANCE Court order to carry out some act (perform the contract).It is not available in many circumstances. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 months later G rescinds the contract. Principle: No two pieces of land are identical. G affirmed the contract & it should be performed as agreed. Damages will not compensate adequately. INJUNCT ION Court order prohibiting some act (breaching the contract). Not available in many circumstances. RESTITUTION â€Å"Quantum meruit† – â€Å"as much as he has earned†. No-one should benefit from â€Å"unjust enrichment†. Not available to a party in breach.