IRAC Assignment Essay

Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups. At school, Li was placed in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will accuse Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an unreasonable amount of time, and being put in the cage with the other foreign born students from her class will show emotional distress. Negligence Li will attempt to prove the four elements of negligence against Mr. Billups for his previously stated actions. The elements required are duty of care, failure to protect from harm, cause of the harm, and damages, which in this case are psychological and physical. After review of the actions taken by Mr. Billups, it seems Li will be able to show the four elements required for negligence. Li’s Parents Respondeat Superior/Scienter Li’s parents will attempt to attach liability to the school district which employs Mr. Billups, claiming respondeat superior. Li’s parents will claim that Mr. Billups’ inappropriate and harmful actions were performed within the course and scope of his employment at the school, therefore leaving the district which employs him partially responsible or at fault. As Mr. Billups’ employer, the school district had every opportunity to put an end to the gross reenactments of events in American history which have taken place in Mr. Billups’ class even before the most recent incident involving Li. In addition, scienter can be applied by Li’s parents because at the very least, the principal of the school should have known about Mr. Billups’ demeaning antics. Mr. Billups Tort Defenses Mr. Billups will attempt to use tort defenses including assumption of risk, superseding/intervening cause, and contributory negligence. By sending their child to school, Li’s parents assumed the risk of their child participating in educational activities in history class. The school district is partially to blame as well because they must have heard/known  about the practices Mr. Billups uses to teach his students. In addition, Li and the other foreign students contributed to their own negligence by attending Mr. Billups class and agreeing to be put in a cage in class. Scienter Li’s parents, Li herself, and the school district all should have known of the reenactments performed in Mr. Billups class, proving scienter. School District Respondeat Superior The school district which employs Mr. Billups will claim the frolic and detour defense to respondeat superior. Their claim will be that Mr. Billups was acting outside the rules and regulations set forth by the district, and that they could not have possibly seen ahead of time the inappropriate actions Mr. Billups performed in his classroom. Conclusion: The court will use the reasonable person test and likely find for Li and her parents.

Elizabeth receives three proposals of marriage in Pride and Prejudice Essay

The first sentence of the novel Pride and Prejudice states, â€Å"It is the truth universally acknowledged that a single man in possession of a good fortune must be in want of a wife.† This clearly demonstrates how important marriage was in the Victorian age and to the Bennet girls. Using this as the first sentence of the novel reinforces the theme of marriage from the very start. The plot of Pride and Prejudice is centred on four relationships with all of these resulting in marriage. The first relationship was between Charlotte Lucus and Mr Collins which resulted in a marriage of convenience as neither party showed any affection and thought of marriage as merely a contract that would help both sides. The second couple was Miss Lydia Bennet and Mr Wickham. In the novel Lydia and Wickham eloped and ran off to London. Mr Wickham was paid by Mr Darcy to marry Lydia. The third was between Miss Jane Bennet and Mr Bingly which was a relationship of true love. The relationship encountered many ups and downs but eventually true love triumphed. The fourth was between Mr Darcy and Miss Lizzy Bennet. This was an unusual couple as they came from very different classes in Victorian society and their marriage very nearly did not happen. This marriage was based on love. The Bennet girls had limited options in life. The first was to get married and love honour and obey their husband. The second was to become a spinster and live off her male relatives. To be a spinster you were regarded as a social outcast in society. The third was to be a governess. To get married was seen to be by far the best option for women in the Victorian age. Women had few rights. The Bennet girls had the unfortunate coincidence of being five girls in their family. This meant that they would only have a small dowry, as all money had to be split five ways. Extra pressure was mounted on the Bennet girls’ shoulders through Mr Collins. If Mr Bingly died the Bennet girls would have been thrown out of Longbourn in favour of Mr Collins’ as their house was entitled to ‘heirs male’. Miss Elizabeth Bennet is the heroine of the novel. Elizabeth has several character traits, which make it somewhat less difficult for her to refuse her first proposal from Mr Collins. These include; her perceptiveness, which enabled her to easily manipulate Mr Collins. Lizzy is very witty and we know this because it says in the text that, â€Å"She has more of a quickness than her sisters†. In the last paragraph of the proposal scene we see that Lizzy puts an emphasis on the personal pronouns â€Å"we† and â€Å"I†. This shows that she is as proud and self interested as Mr Collins. However, Elizabeth lacks self-awareness – she is proud and prejudiced. Elizabeth wants to be seen as an intelligent, educated woman. She wants a marriage but only if it is based on love. She will not settle for merely a business arrangement. The novel of Pride and Prejudice has two comedy climaxes and both have connections with Mr Collins. The first is Mr Collins’ proposal. Elizabeth is genuinely shocked and embarrassed by this proposal. She nearly bursts out laughing when he says that he was â€Å"Run away with by my feelings†. Humour is achieved by Mr Collins’ manner as Austen satirises the role of a traditional clergyman. For example, he is supposed to put others first yet through the first paragraph of the proposal he uses the personal pronouns â€Å"I†, â€Å"me† and â€Å"my† thirteen times. Elizabeth is clearly affronted by the fact that Mr Collins believes that he is dong her and her family a service by making his proposal of marriage. He believes that Elizabeth and her family should regard him as an exceedingly good â€Å"catch†. Elizabeth, however, with her strong intellect does not regard Mr Collins as her equal or as her superior. She can hardly contain her fury when she replies sarcastically, â€Å"I am very sensitive of the honour of your proposals but it is impossible for me to do otherwise other than to decline them†. Her temper rises when Mr Collins persists with his proposal as he believes it is customary for prospective brides to reject a proposal â€Å"a second or even a third time†. Elizabeth, in exasperation, does her utmost to convince Mr Collins that marriage to him is completely out of the question, â€Å"I am perfectly serious in my proposal. – You could not make me happy.† This is the basis of Elizabeth’s refusal – she wants a marriage based on love and respect which will lead to happiness. She regards Mr Collins as beneath her in intellect and sensitivity. In her eyes, he is a pompous fool with an over-inflated sense of importance. She does not love or respect him. She feels that she would be compromising herself by accepting him his proposal and she is totally frustrated by his apparent in ability to accept her refusal. In this proposal we see that there is a character contrast between Elizabeth and Mr Collins. Mr Collins obeys orders. He admits that to Elizabeth he is following Lady Catherine de Bourgh’s instruction to marry when he says, â€Å"It is the particular advice and recommendation of a certain noble lady whom I have the honour of calling patroness.† Lizzy, however, will not be swayed by the opinion of others whatever their social status. During his proposal Mr Collins reminds Lizzy that he is, â€Å"To inherit this estate after the death of your honoured father.† This shows Mr Collins’ lack of understanding of Lizzy’s love for her father. This is juxtaposition between the theme of love and marriage and the death of Mr Bennet. This is very amusing for the reader. The second proposal that Elizabeth receives is from Mr Darcy. The title of this novel, Pride and Prejudice is a metaphor for Elizabeth’s relationship with Mr Darcy. Mr Darcy is seen by Elizabeth to be too proud. Mr Darcy is a lot further up the social strata than the Bennet family. He thinks that he would be degrading himself to marry her. â€Å"He really believed, that were it not for the inferiority of her connections, he should be in some danger.† Elizabeth is prejudiced against Darcy. Elizabeth has been fooled by Mr Wickham’s stories of Mr Darcy. Elizabeth believes that after the death of the late Mr Darcy, Mr Darcy threw Mr Wickham out of his father’s house and failed to adhere to his promise of a family living. However later on in the novel this is confirmed to be not the case. Through the plot line we see how Austen has created hostility between Mr Darcy and Elizabeth. At their first meeting, Mr Darcy does not endear himself to Elizabeth and her family because of his superior attitude. He says of Elizabeth, â€Å"She is tolerable but not handsome enough to tempt me.† This dislike of Mr Darcy is increased through his interference in the relationship between Jane and Mr Bingly. He admits to Elizabeth that â€Å"I did everything in my power to separate my friend from your sister.† Elizabeth was very astounded by Mr Darcy’s first proposal. Her prejudice against him increased due to the manner in which he made this proposal. He explained to her how she had struggled with himself but was unable to stop himself from telling her, â€Å"how ardently I admire and love you†. However, Mr Darcy made the mistake of dwelling on what he perceived Elizabeth’s inferiority. Elizabeth could see that, like Mr Collins, Mr Darcy expected her to accept his proposal and it had not crossed his mind that she would do otherwise. Elizabeth’s anger increases because she can see that Darcy arrogantly assumes that she will marry him. ‘Elizabeth felt herself growing more angry every moment’. He openly tells her that he has tried to quell his feelings for her because a marriage to her would be degrading. This arrogance and sense of superiority and pride infuriates Elizabeth. Although she is flattered by his proposals, her prejudices make it impossible for her to accept it. She does not want to be seen as a charity case. Also, she does not want to be seen to condone what she perceives to be his ungentlemanly past behaviour towards Mr Wickham and her sister. She declares that from the very beginning she despised his â€Å"arrogance†, â€Å"conceit† and selfish disdain of the feelings of others†. The third proposal that Elizabeth received was again from Mr Darcy. However, by this time Elizabeth has heard the truth about Mr Wickham and his atrocious behaviour. Her regard for Mr Darcy has grown through her understanding of the part that he played in resolving the problems with Lydia’s elopement and eventual marriage to Mr Wichkam. At the time of the second proposal Elizabeth’s prejudices against Mr Darcy have disappeared. Indeed she cannot wait to express her thanks for the part that he played in helping Lydia and ultimately her family. However, Mr Darcy tells Elizabeth that her family owe him nothing and he only cares about her. On her return to London, Lady Catherine De Burgh called on Mr Darcy to obtain the promise from Mr Darcy which she had not got from Elizabeth. She told him of her visit to Longbourn and her conversation with Elizabeth and how she had refused to promise that she would not accept a marriage proposal from Mr Darcy. The effect of her visit, â€Å"had been exactly contrariwise†¦It taught me to hope†¦I knew enough of your disposition to be certain that had you been absolutely irrevocably decided against me you would have acknowledged it to Lady Catherine frankly and openly.† He humbles himself when he openly, for the second time, declares his love for Elizabeth and openly outlines his inferior traits. He confirms that he has been â€Å"a selfish being all his life†. He as an only child her was spoilt and not taught to control his temper. He also says admits that he was â€Å"almost taught to be selfish and overbearing, to care for no-one beyond my own family circle†. He tells Elizabeth that that it is she who has brought him humility. In my opinion it was not only Elizabeth who was prejudiced but Darcy too as he is prejudiced about her place in the social hierarchy. It is also not only Darcy who is proud but Elizabeth is too. She will not lower her standards and complies with the conventions of the day by consenting to marry just to please her mother or other members of society. She is determined to hold out against all the odds and marry only for love. At the end of the novel Elizabeth achieves her goal of marrying someone who will truly make her happy. This could be seen as a reflection of Jane Austen’s view on marriage, that is, that a good marriage is one that is based on love and mutual respect. â€Å"Do anything rather than marry without affection.†

Plans of Reconstruction

Daniel Ramirez Mrs. Toth Period 2 11/29/12 Plans of Reconstruction During the Civil War was the beginning of the Reconstruction era that took place up until the late 1870’s, which for some was a success but a failure to others. Not only was it a civil rights movement but it also re-created the southern way of life, temporarily divided a political party, broke down another, and affected the nation in ways that would have long-term consequences.Two of the three major Reconstruction plans were that of President Lincoln and Vice President Johnson that both sought to readmit the south as quickly as possible. Lincoln maintained that the political leadership of the South had seceded. His plan did not exclude people like Johnson’s did. President Lincolns plan of reconstruction was light on punishment of the South so that he could reincorporate the Southern section back into the Union.He argued that because of the fact that the government was indivisible secession was politicall y impossible, and that the war was a result of only a small rebellion that violated the authority and laws of the government. With this in mind his design of reconstruction; readmission of each state was based on 10 percent of the voters pledging loyalty to the US knowing that no more than that would be probable which rendered the radical republicans 50 percent demand illogical.Though Lincoln and Johnson’s plan did have similar ideas there were few differences some of which were even seen as illogical, amongst them was the right to grant pardons to the same people that he claimed he wanted to exclude power from. This did not help the reconstruction plan it in fact it irritated Northerners who saw senators of former offices in the Confederacy reclaiming their places in U. S. senates. Under Andrew Johnson's restoration African America’s rights were not safe, as he vetoed the Civil Rights bill.This did not pass since Congress overturned his veto and made the Civil Rights bill an act. Lincoln’s â€Å"10 percent† plan, while perhaps not the greatest for bringing the nation together, was the best for the promoting the principles of freedom and equal rights for all in the newly reformed union. His plan unlike Johnson’s protected the new rights of the African Americans, and provided a balance between the rights of whites and them.Lincoln’s plan also made it easier for states to rejoin the Union, because this was such a very forgiving plan, it was better than Johnsons’. Under Lincoln's Plan, it would be easiest for Confederate states to rejoin the Union, except for the three that were excluded, because the Radical controlled Congress would not permit these states’ representatives to join the federal government. If the nation had agreed to Lincoln's Plan, racism may have been more easily overcome, and the Union would be reunited in a strong bond because of the reprieve granted.

American History - 11 Essay Example | Topics and Well Written Essays - 1750 words

American History - 11 - Essay Example †¢ Served as the secretary of the Montgomery chapter of the NAACP. †¢ On 1st December, 1955, Parks, seated in the ‘black section’ at the back of the bus, refused to give up her seat to a white person †¢ Arrested by the police and fined for violating the segregation law. †¢ Volunteered to let the NAACP use her as a test case to oppose segregation on buses. †¢ Was immediately sacked from her tailoring job with Montgomery Fair. †¢ Became the symbol of the successful Montgomery Bus Boycott and the Civil Rights Movement. †¢ Founded the  Rosa and Raymond Parks Institute for Self-Development in 1987. †¢ Died on 24th October, 2005. 2. ____Martin Luther King, Jr.______ †¢   Baptist minister, preeminent civil-rights activist and orator par excellence. †¢ Born on January 15, 1929 in Atlanta, Georgia. †¢ Married Coretta Scott in June 1953 and had four children, Yolanda, Martin Luther King III, Dexter Scott, and Bernice. â₠¬ ¢ Elected to lead the successful Montgomery bus boycott in December 1955. †¢ Co-founded the Southern Christian Leadership Conference in January 1957 †¢ Inspired by Mahatma Gandhi, led several non-violent protests to promote civil rights reform. †¢ Led the 1960 â€Å"sit-in† movement in Greensboro and the1963 demonstration in downtown Birmingham. †¢ Led the historic March on Washington on August 28, 1963, which drew more than 200,000 people to the Lincoln Memorial and made his famous â€Å"I Have a Dream† speech. †¢ Instrumental in the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Received the Nobel Peace Prize for 1964. Assassinated by  James Earl Ray in Memphis on April 4, 1968 3. ____Malcolm X_____ †¢ Civil Rights Activist,  nationalist leader and charismatic spokesman for the Nation of Islam †¢ Born Malcolm Little in May 19, 1925 in Omaha, Nebraska.   †¢ Father’s civil rights activis m led to his harassment and murder by white supremacists. †¢ Dropped out of school at 15 and turned to crime and drugs to finance his extravagant lifestyle †¢ Arrested on charges of larceny and sentenced to ten years in jail in 1946 †¢ Converted to the Nation of Islam and changed his surname to â€Å"X† – a tribute to the unknown name of his African ancestors. †¢ Urged any means, including violence, to fight racism and establish an independent state for black Americans †¢ Married Betty Sanders, a fellow member of the Nation of Islam, in 1958. †¢ Broke away from the Nation of Islam in 1964, converted to traditional Islam, changed name to El-Hajj Malik El-Shabazz and considered prospects for peaceful resolution to racism. †¢ Assassinated on February 21, 1965, in Manhattan, at the age of 39,  by members of the Nation of Islam.   4. __The Fair Deal________ †¢ Name given to Truman’s domestic program set out in his 1949 Stat e of the Union speech. †¢ Proposed federal initiatives to solve economic and social problems in post-war America. †¢ Envisaged the redistribution of income among all classes. †¢ New civil rights legislation †¢ Federal housing programs †¢ Unemployment insurance benefits †¢ New tax cuts for the poor †¢ Federal funding for education †¢ A federal health care and health insurance program. †¢ Failed as it was blocked by the conservative political coalition   5. ___ Brown vs Board of Education of Topeka ____ †¢ Acknowledged to be one of the greatest US Supreme Court decisions of the 20th century. †¢ Plessy v. Ferguson  (1896) legalized separate but equal school systems for blacks and whites. †¢

Longitudinal Strategy Essay Example | Topics and Well Written Essays - 2250 words

Longitudinal Strategy - Essay Example These include vaccines, over-the-counter medicines as well as other broad range of health-consumer related products. The company therefore has a profile of operating in the different segments of pharmaceutical and consumer healthcare products within the UK as well as other parts of the world. Besides operating on medical supplies and research, GSK produces other health products such as beverages, which are used worldwide. Besides the operations of the company within the UK market, the company has major markets within the US, Germany, Italy, Japan, Spain as well as in France (StockMarketsReview.com, 2013, para 1). GSK, as a trading company, has a statement of mission, which is provision and development of immunotherapeutic, as well as vaccines that are necessary for improvement of human health globally. The company has made strategic milestones in the field over years and is credited for having great and significant contributions towards the global health as it is today. The company’s profile reveals that the formation of the company as it is today has involved merger efforts by many companies and thus would have a history from the early years of 20th century. It has also made great development milestones in the past since the millennium, where the scope of this paper will be. This paper intends to evaluate the strategic development milestones that the company has undergone with a special attention to the last thirteen years (since 2000). This is because the existence of the corporate identity of GlaxoSmithKline plc is only that old from the merger of SmithKline Beecham and Glaxo Wellco me in December 1999 (Addison and Lawson 2012: 3-5). In line with the company’s strategic mission, it has special focus on some fundamental areas such as realizing sustainable growth, improving long-term financial performance as well as reducing risks. The company realizes these goals through embracing diversification in global business, delivering high-value products as well as adoption of simplified business models. The recent developments have seen the company adopt generic branded manufacturing to add to the previously existing patented strategies in order to command higher influence and relevance in the modern day market. Addison and Lawson through a recent discourse analysis study concerning the strategic development move of generic branding found out that this was necessary and very effective in lowering the associated performance risks as well as in increasing the range of products being traded on. Research studies show that the shift in production models into the inco rporation of generic manufacturing has greatly revolutionized the industry through lowering the costs of production and in the process lowering the prices of the commodities on offer. Through the move, the GSK is able to manufacture cheap pharmaceutical products through lowered costs in research as well as in awareness creation. The move was strategic in that it enabled the company to focus the competitive strategies in manufacture of the trading products at higher efficiencies in order to continue in the lead over the world market amidst heightened competition (Addison and Lawson 2012: 32). In fact, it is through such a move that the company is acknowledged to diversify

LEAN THINKING (Manufacturing Lean Tools) Assignment

LEAN THINKING (Manufacturing Lean Tools) - Assignment Example In other words, demand requests supply hence pulls the supply out of the company. It can, therefore, be argued that the market fuels the needs that stimulate the company to make an individual product, which in turn emerges as a reaction to the pull action of demand. A company is not in a position to develop complete knowledge of the market as well as its players, which are marked by the dynamism and changeability of their needs and actions (Sharma & Agrawal, 2009). As a result, planning for organizational activities becomes risky endeavour and hence cannot be carried out for very long spans of time. The basis for the application of the pull strategy is hence an unstable context where the same business processes cannot be successfully reiterated (Sharma & Agrawal, 2009). Business competitiveness is not established with the creation of rigid cost structures that are steadily reduced with time. This means that the competitive force associated with pull strategies lies in the ability of the pull strategies to react to the market in rapid action. Additionally, experience in production and communications is not hyped (Sharma & Agrawal, 2009). Rather, knowledge is created in flexible responses as per the manufacturing processes, and also to informatio n and communications. For that reason, the competitiveness of pull systems is dependent on the ability to react afore the competition to the varying needs of demand. This applies not only to material flows but also to the flows of information and communications. It, therefore, appears that for the business sectors that experience elevated degrees of competitive intensity, only pull type policies are applied, considering the impracticality of long-term planning as well as the accentuated dynamism of demand and competitors. However, this does not occur because, the type of pull strategy has to be recognized on the basis of the details of each business process. For controlled competition economies, pull

International and Comparative Human Resource Management Essay - 2

International and Comparative Human Resource Management - Essay Example Through the cluster analysis, Sparrow together with other fellow researchers was able to cluster the countries of the world into five distinctive cultural zones. The identified clusters were cultural Island 1, 2, and 3, Anglo-Saxon cluster, and Latin cluster. Cultural Island 1 cluster comprised of France, cultural Island 2 comprised of Korea, and cultural Island 3 comprised of Japan. The other two remaining clusters of Anglo-Saxon and Latin comprised of UK, Australia, Canada, USA, Germany and Italy for Anglo-Saxon cluster and Brazil, Argentina, and Mexico for Latin cluster. This academic paper will categorically look at distinguishing cultural characteristics of Korea and UK. The two selected countries fall under cultural Island 2 cluster and Anglo-Saxon cluster respectively. Culture of the United Kingdom The cultural classification of United Kingdom comprises of patterns of symbolism and human activity, some of the cultures which were practiced in the UK are; Language As in the case of other nations and states, the language of the UK is English. This language is spoken by close to 90% of the total residents. Some countries which form the framework of UK like Wales at times use their national Welsh language more so in schools (Calder, 2007 pp.21). Use of languages like Gaelic has also been popularized in countries like Scotland; however, English has remained the official language in the entire UK. Arts UK is known for arts in terms of literature where some of the renowned poets like William Shakespeare hail from this great country. The culture of literature was inherited from countries like England and Scotland. The earlier existing written literatures were drafted in languages like Celtic and Anglo-Saxon. Theatre Dating back to 1707, UK was able to inherit theatre culture from Scotland and England and they were able to create a theatre district called West End (Calder, 2007 pp.31). This district was found in West End of London and it was the home of known thea tre halls like Theatre Royal and Convent Garden. Music Use of patriotic songs like Rule, Britannia and the national anthem of God Save the Queen are some of the songs that are dominant in the UK. UK has many music composers and use of several genres like jigs, hornpipes, and dance songs were some of the customary components of the folk songs. Film was also one of the UK cultures where it had some of the most skilful films actors and producers like James Bond. Religion Protestant is the religion found in the UK; moreover, Anglican Christian is dominant in this country followed by other religions like Islam, Hinduism, Judaism, Buddhism, and Sikhism (Calder, 2007 pp.47). Culture of Korea Korea was divided into two countries North and South Korea; however, some of the distinguishing cultures of Korea are Traditional arts Traditional arts comprise of the traditional dance, painting, crafts, and ceramics, all these categories played an important role in the traditional arts. Dance Korea h ad two distinguish dancing styles which are folk and court dance. Some of the dances are jeongjaemu and ilmu dance which were performed in banquets and rituals respectively. Jeongjaemu dance was auxiliary distributed into instinctive dances such as jeongjae and dangak and the two styles were inherited from Asia and China. The common dance of Ilmu was also divided into munmu also called civil dance and mumu also known as military dance (John, 2002 pp.170). During the dancing festivals, traditional clothing called genja was worn, Genja clothing had several

Guillermo Furniture Store Concepts Essay Example | Topics and Well Written Essays - 750 words

Guillermo Furniture Store Concepts - Essay Example The labor component in furniture manufacturing, in case of Guillermo, is substantial because all its products are hand-crafted and the company has no way to control its labor cost. On the contrary, it is on increase due to influx of other businesses for the favorable conditions in the region. Financial Concepts Involved Guillermo has to view the whole business scenario from a different perspective. If the company decides to be high-tech just like its competitor to replace its costly labor, then the company needs to estimate the risk-return trade-offs as making the company automated will require huge capital investment. In this process, Guillermo will need to apply numerous financial concepts to arrive at the conclusion whether it is worth investing huge capital to thwart the challenge posed by the competitor. First of all, the company needs to undertake a detailed budgeting exercise to evaluate the viability of high-tech model of manufacturing in its case. The company would need to e stimate the total fund requirement for going high-tech in this business. The company will have option of financing this capital expenditure either through equity or through mix of debt and equity. In the case of later, important thing will be to find appropriate debt-equity ratio for financing the project. Guillermo being a running and profitable company can certainly attract banks and other financial institutions to lend them for this project but leveraging should be within the prevailing norms as applicable for these kinds of businesses. High leveraging (high debt) creates higher business risk and that must be avoided as often occurs during economic slowdown. In a bid to ascertain financial viability of the investment, the company will need to estimate the break-even point in terms of volume (no. of pieces of each product variety) and value both. Break-even volumes will mean all revenue earnings meet all expenses of the company including fixed and variable ones. The break-even cal culations (Break-even analysis, 2012) will also force them to chalk its marketing and sales strategy – the distribution channels, number of retail shops and the geographical reach necessary to achieve those sales. The financial budget formation, capital required, capital structure deciding about equity-debt ratio, break-even volume analysis, cost of capital including weighted average cost of capital (Weighted Average Cost of Capital – WACC, 2012) present value of all expected future streams of revenue (Present value, 2012) until the useful life of machines, internal rate of return (Internal Rate of Return, 2012) will finally decide whether it is worth investing in the automation process so as to compete with the overseas firm effectively. Conclusion It is certain that Guillermo has gone through above mentioned detailed financial viability analysis to ascertain whether the company should go for this new business model or not. Having found the return on investment not lu crative, the company thought of outsourcing entire supply from a second competitor who has similar business model of manufacturing process

The Changing Global Economy Assignment Example | Topics and Well Written Essays - 5250 words - 1

The Changing Global Economy - Assignment Example It is evidently clear from the discussion that Economies of Scale in micro-economics are defined as cost advantage that an enterprise enjoys with increasing scale as the cost per unit of output generally declines. Operating efficiency is also increases with economies of scale. The biggest challenge against the free market is the fear among the citizens about outsourcing. This is getting very dangerous every day in the United States. Other nations if follow this trend then the world can enter into the black days of protectionism again. And the loss for the global economy will be huge. Every day United States news broadcasters are telecasting fearsome news that millions of high paying middle-class jobs are getting out of the country. Financial and technological firms are finding that they can outsource a work with a fraction of the cost from China, India or Malaysia rather than give it to an equally qualified United States employee. This put policy maker, a government in a stressful si tuation because United States citizens have already started their protest against outsourcing. That is the reason government now making policies that will prevent the outsourcing. According to Drezner, it is a publicity stunt done by the media to sell their news by scaring the citizens on their job. He also explained his ideas that American economy is a huge one with over 130millions jobs. And like when these jobs get out of the country at that time the equal number of job created in this country. This is called â€Å"Creative Destruction†. He explained that when a firm is outsourcing its jobs from another part of the world to minimize its cost, instead of pressing the alarm we need to calculate how many well paid and higher proportions jobs are creating for that reason. If we look at this profit and loss structure we never have to panic anymore. According to statistics during 2010 the number of jobs was shifted to developing nations are 220,000. These are all low paid and lo w-quality jobs but the numbers of high paid and high-quality job created in the United States are 22milions.

Rizal in Macao Essay Example for Free

Rizal in Macao Essay Hounded by powerful enemies, Rizal was forced to leave his country for a second time in February 1888. He was then a full- grown man of 27 years of age, a practicing physician, and a recognized man-of-letters. The first time he went aboard in June 1882, he was a mere lad of 21, a youthful student in search of wisdom in the Old World, a romantic idealist with beautiful dreams of emancipating his people from bondage by the magic power of his pen. Times had changed. Rizal at 27 was an embittered victim of human iniquities, a disillusioned dreamer, a flustrated reformer. The Trip to Hong Kong. On February 3, 1888, after a short stay of six months in his beloved Calamba, Rizal left Manila for Hong Kong on board the Zafiro. He was sick and sad during the crossing of the choppy China Sea. He did not get off his ship when it made brief stopover at Amoy on February 7. for three reasons: (1) he was not feeling well, (2) it was raining hard, and (3) he heard that the city was dirty. He arrived in Hong Kong on February 8. During his stay in Hong Kong, a British colony, Rizal wrote a letter to Blumentritt, dated February 16, 1888, expressing his bitterness. In Hong Kong, Rizal stayed at Victoria Hotel. He was welcomed by the Filipino residents, including Jose Maria Basa, Balbino Mauricio, and Manuel Yriarte, (son of Francisco Yriarte, alcalde mayor of Laguna). A Spaniard, Jose Sainz de Varanda, who was a former secretary of Governor General Terrero, shadowed Rizal’s movement in Hong Kong. It is believed that he was commissioned by the Spanish authorities to spy on Rizal. Hong Kong, wrote Rizal to Blumentritt on February 16, 1888, is a small, but very clean city. Many Portuguese, Hindus, English, Chinese, and Jews live in it. There are some Filipinos, the majority of whom being those who had been exiled to the Marianas Islands in 1872. They are poor, gentle, and timid. Formerly they were rich mechanics, industrialists, and financiers. Visit to Macao. On Feb 18, Rizal, accompanied by Basa, boarded the ferry steamer. Kiu-kiang for Macao. Macao is a Portuguese colony near Hong Kong. â€Å"the city of Macao,† wrote Rizal, in his diary, â€Å"is small, low, and gloomy. There are many junks, sampans, but few steamers. It looks sad and is almost dead. † In Macao, Rizal and Basa stayed at the home of Don Juan. Francisco Lecaros, a Filipino gentleman married to a Portuguese lady. He was rich and spent his days cultivating plants and flowers, many of which came from Philippines. During his two-day sojourn in Macao, Rizal visited the theatre, casino, cathedral and churches, pagodas, botanical garden, and bazaars. He also saw the famous Grotto of Camoens, Portugal’s national poet. In the evening of February 19, he witnessed a Catholic, in which the devotees were dressed in blue and purple dresses and were carrying unlighted candles.

Ethical Dilemmas in a Business

Ethical Dilemmas in a Business Introduction Ethical Dilemmas often occur in business situations as well as everyday life. These could be simple problems such as whether to lie about deadline requirements in order to get work done faster, or something complex such as manipulation of facts and figures in financial statements. The core value system of the person making any such decision plays a huge role in the extent of his or her ethical manipulation. Competitve pressure on the other hand can force people to make ethical decisions radically different from what their value system might relay. This is a problem that is widespread in todays business environment, where stepping on someone else ensures an easier platform for growth. The model of The ends justify the means has overwritten a lot of the value based ethics which was heavily ingrained in our psyche. This report hopes to make simple guidelines which will allow one to make decisions keeping a humane as well as ethical approach which emphasizes the Right decisions, not the Easy ones. Business Scenarios Entailing an Ethical Dilemma Some of the best learning regarding any Ethical dilemma occurs when one experiences it firsthand. These problems occur when we are unprepared for it, thus a pre-determined framework would prove extremely useful. Ethical decision making deals with moral issues: A moral issue is present where ever individual actions, when freely performed, may harm or benefit others (Jones, 1991, p. 367). An ethical decision is defined as a decision that is both legal and morally acceptable to the larger community whereas an unethical decision may be regarded as either illegal or morally unacceptable to the larger community (Jones, 1991, p. 367). Thus let us have a look at some examples of Ethical Dilemmas which would require such Ethical Decision Making. Company Bankruptcy and Employee Loyalty Lehman Brothers which was a premium investment bank until its Chapter 11 bankruptcy declaration in September 2008 was a preferred employer for over 25000 people and their families. The company evoked a vehement sense of loyalty and pride, but bankruptcy changed all that. Lehman Brothers Services India LTD, which is the outsourcing and knowledge center in India received the news on a Monday, employees which included the author himself resolved themselves to jumping ship before even trying to see if they could do anything to help the firm. This is an ethical dilemma since on the one hand the employer has helped support the families of its employees, however on the other hand the employee has to decide quickly about the future course of action which will affect his or her family. A possible solution which would have been feasible was for the employees to provide their utmost support to management in order to steer the company out of rough waters. This is a difficult decision to make since it may even involve no pay during the period of bankruptcy, and hence almost no employee chose this decision. Service Bonds in Companies A widely used vehicle in corporate culture today is service bonds, issued by the company against almost all its new employees. These simply state that the employee must stay within the employ of the company for a certain duration before switching companies and/or leaving the job, failing which he or she would be penalized a certain amount of money. The Ethical Dilemma appears here mainly when the employee gets hired by the company while he or she may have an offer or opportunity in the near future. A prime example is when freshers are hired out of college, but they are waiting for an MBA admission. The job is just a failsafe option, and as soon as said MBA admission goes through, the employee will leave the firm. This is an Ethical Dilemma on both fronts, from the point of view of the employer as well as the employee. On the one hand, the bond is in itself a vehicle which does not hold any value in a court of law. Thus most companies will harass the employee but ultimately they are unable to recover any of the amounts mentioned in the bond, however they do withhold experience and relieving certificates. On the other hand the employee himself signs up for the training knowing full well that he or she may be leaving the job early, it is a very hedonistic approach, and is done only for self benefit, he or she does not care whether the company hired him or her keeping in mind requirements, and does not bother about the damages the company may incur due to a sudden loss of an employee. A possible solution here, which is unfortunately infeasible is a full disclosure on the part of the employee while joining up a company, this would usually result in the employer not hiring said employee to prevent any problems should the employee suddenly leave. Credit Sharing in the Workplace As rational human beings most of us understand the value of teamwork. The workplace however emphasizes this in order to have smooth and uninterrupted functioning. Teamwork is a prime requirement for any employee who joins any firm. One of the biggest ethical dilemmas faced both as an employee as well as a manager is how best to recognize individual contribution in a team based environment. It would be wishful thinking to assume that all employees contribute equally to the success of a project, thus the emergence of performance rewarding was born in the workplace. Here employees are gauged on individual performance in a team context, their contributions, mistakes as well as ideas are all assessed and suitable reward systems are kept in place. This however results in what is known as Credit Sharing whereby employees try to gain credit for work that they had a minimal contribution in. This usually happens when the work itself provides a sizeable benefit to the project, either in terms of revenue generation or cost minimization. Employees who were unrelated to this work still try to leverage it since it could provide a boost to their immediate future in terms of salary raise, or promotions. A possible solution to such a problem unfortunately cannot be found, this is simply because it is highly dependent on individual ethics to determine how low he or she may be willing to stoop to gain credit where credit was never due. Management unfortunately also cannot efficiently monitor this since it might result in inefficiencies in overall management of the project. Guidelines for Self for Dealing with Ethical Dilemmas An easy way to create a guideline for self to deal with Ethical Dilemmas, one needs a reference model of some kind which will allow for such a guideline to be created in the first place. Moral Dilemmas and Ethical Dilemmas both share a common thread in that they deal with moral issues at their core. Thus for a decision maker to act ethically he or she must (a) recognize a moral issue, (b) make a moral judgment, (c) give priority to moral concerns and establish a moral intent, and finally (d) act on the moral concerns (Selart and Johansen, 2010, p. 3). Thus logically it would be a necessary condition that the moral agent in this case the decision maker should be able to recognize a moral dilemma. This is highly relevant since pressure or competition usually dull our senses in this regard, since profits or immediate gains will be present and must be decided upon. However the severity of the moral dilemma elicits a moral impulse which could be radically different from what rationality tells us to pursue. What this means is that we may be more prone to making moral/ethical decisions, when we are able to identify the severity of the problem at hand. This is referred to as moral intensity and is a prime candidate for allowing ethical decisions to be made. Let us have a look at how some external factors could influence decision making and use them to form a basic guideline for dealing with ethical dilemmas. Effect of Stress or Competition on Ethical Decision Making Stress is deemed as having a negative effect on leaders decision making by preventing them from recognizing ethical/moral dilemmas which their decisions could entail. Time related deadlines have an effect which could result in limited focus and to cognitive biases. It also makes leaders have less access to external information sources (Selart and Johansen, 2010, p. 11). Thus a primary rule of thumb which we should ensure while dealing with any decision that could involve moral issues is Prevent or reduce stress while making a decision, since studies have shown that stress influences ethical decision making primarily through its effect on pro-social behavior or the willingness and motivation to take others interest into account (Jex et al., 2003) Studies also show that a root cause of stress related problems comes from the reward or lack of thereof which results in stress related ethical failings in managers (Selart and Johansen, 2010, p. 12). Effect of Globalization on Ethical Decision Making Globalization is the new mantra by which todays companys move. It ensures competitive advantage by reducing costs and promoting more profitable sales opportunities, it also results in a diversified and distributed workplace. This is one of the prime causes of ethical dilemmas. Being distributed could result in marginalization of branch employees when decisions affecting corporate culture or financials get made; this is often seen in the case of a lot of the leading multinationals which operate with an IT arm in India. Another great challenge for managers in global business is the misunderstanding of their decisions due to conflicting moral compasses of their stakeholders from different cultures, which could result in their best decisions being, confounded (Thompson, 2010, p. 1). An effective tool suggested to counter this is the Global Moral Compass which allows for managing complex moral challenges that business leaders cannot ignore, as well as providing an adaptive framework which allows for linking diverse value propositions and wisdom traditions (Thompson, 2010, p. 1). This is the global moral compass for business, its 4 parameters include. Vision Moral vision is the true north of the moral compass; the spiritual, affective aspect of moral identity expressed in the power of myth, narrative, and images representing core values. Code it is the moral code by means of which one lives ones life, this code is enhanced by personal experience and is ever changing. Fitness Moral fitness is the symbolic aspect of moral agency; it is ritualized action that expresses and reflects the vision and values of moral identity. Performance Performance is the proof of the pudding the intentional aspect of moral agency demonstrated in concrete decisions and behavior (Thompson, 2010, p. 13-14). Thus some more rules of thumb can be generated via the means of globalization and its effect on ethical decision making Globalization requires a more complex set of moral principles which guide decision making; this is enhanced by the use of the global moral compass which can be used to point decisions to the right direction. Globalization requires that the culture, socio-economic situations, geographies as well as history of stakeholders involved be understood to a certain degree, before a decision benefitting them all can be made. True value addition can be had when all the stakeholders are in almost full or full agreement with decisions made, thereby we may need a certain degree of inclusivity to be incorporated in decision making to ensure that stakeholders are completely in sync with the decisions being taken. Effect of Monetary Gain in Ethical Decision Making In recent times a lot of unethical decision making has been uncovered in terms of financial misreporting done by CEOs and other top ranking officials of various companies. The lure of money is thus viewed as a serious barrier in ethical decision making; this is something even laymen can understand. Simple financial incentives like bribes given to government officials influence how fast they perform work, and as such is an ingrained habit in the minds of people today especially in a corrupt bureaucracy like Indias. However studies have found that it cannot simply be narrowed down to the lure of financial incentives that lead to such behavior, other factors including CEOs narcissism, shareholders expectations and subordinate silence as well as CEOs dishonesty could all be possible causes for such unethical decision making (Chen, 2010, p. 1). Now the study also aims to look just beyond financial remuneration as a source of ethical failing on the part of the CEOs, since a lot of them have contributed to charities of some kind or the other (contributions themselves being significant). Thus this evidence suggests that simply CEOs character flaws cannot conclusively be used to resolve this ethical failing (Chen, 2010, p. 2). Some factors which could influence this include Moral or Ethical standards present in the country of origin, cultural norms which influence managerial behavior, corporate and individual corruption levels in the country of origin and incorrect assessment of information due to inflated self expectations in terms of performance. All of these factors can lead to unethical decisions being taken mainly in regards to financial reporting of the firms performance. However we must also identify the effect that stakeholders can cause on mangers when it comes to financial reporting or ethical decision making. Ever increasing expectations, continuous percentage improvement requirements and unrealistic targets all have a direct influence on managers and CEOs making the decisions that they do. However most people are ready to brush this aside as it would result in the blame being spread across people rather than rest squarely on a single person, this unfortunately is a Scape-Goat mentality and is highly ingrained in the psyche of the general populace as was amply demonstrated by the victimization of Mr. Kalmadi in the Commonwealth Games scandal in India. More attention needs to be paid to the responsibilities of shareholders, financial analysts and the financial press in setting realistic expectations for companies. Simply focusing on improving the ethical behavior of individual CEOs without removing this root cause is unlikely to have much effect on the level and frequency of misreporting (Chen, 2010, p. 15). Thus the rules of thumb which we can garner from the above include. While making financial decisions, it is better to make it keeping multiple trustworthy people in the loop, this ensures that decisions although signed off by a single entity (the CEO) would still be ratified by multiple people. The key point here is that decisions made collectively have the possibility of dissonance among stakeholders making said decisions, which would lead to further questioning of the decisions and thus a more refined and correct decisions can be made. Altruistic perspectives aside, stakeholders themselves should be able to handle negative results and management must have enough moral fiber to take the right decision in letting the stakeholders know of any failings without fear of castigation. Effect of Communication in Ethical Decision Making In todays competitive environment, communication or a lack of thereof can lead to decisions being made which may seem unethical. Information is a powerful tool which can prevent decisions which can negatively affect people. Thus communication of this information from the holders to the decision makers becomes paramount to ethical business decisions being made effectively and efficiently. Communication on corporate culture itself can have a positive impact on ethical decision making in the workplace, we thus explore the use of a Business Code of Ethics or BCE which is a pre-requisite in recent times for any company in operation. The BCE simply conveys acceptable behavioral norms and rules which are active in the workplace, and could prove to be an efficient tool in curbing unethical decision making which managers might make in the absence of such an instrument. Studies however show that such a BCE comes with several limitations, this could include, frequency of communication of the BCE, quality of communication used, reinforcement of the BCE via actions of top management, level to which the BCE is ingrained in the decision making of middle and lower level management and finally overall adoption of the BCE via the general populace in the workplace. Communication in this regard is mainly seen via the means of this code of ethics. Now this could result in certain limitations with respect to achievable targets, or patterns of behavior which can be deemed acceptable to meet said targets, however in the long run it is observed that this has a positive impact on both the quality of work culture ingrained in the organization, as well as individual ethical standards which permeates through the employee base (Kaptein, 2010, p. 16). Thus some takeaways from communication and BCE include Effective communications of acceptable ethical standards have a significant positive impact on both workplace culture as well as individual ethical/moral standards improvements. Although a certain degree of compromise must be made in terms of performance for enforcing said ethical standards, it will have a positive impact in the long run and will allow the company to overcome any future negative impacts which may have occurred had such a provision not been in place. Conclusion Thus all throughout we have seen that just external factors alone cannot be used as the final determinant of ethical decision making abilities of an individual. He or she can also influence the surroundings and make decisions which can be both Right as well as beneficial to the maximum number of people, not just his or her organization. This is illustrated by the use of effective communication, utilizing the moral compass, reduction the impact of stress and financial incentives and finally realizing that the individual has to take the ultimate responsibility of his or her decision, and although redemption may be found by attributing any fallacies to external factors, the price will still have to be paid by the individual who made the decision.

Elements Required for the Formation of a Valid Contract

Elements Required for the Formation of a Valid Contract Introduction: When we think of any kind of business there comes the necessity of understanding and applying the rules, principles, norms, and usages of contract. Now a day there is hardly any business dealing that does not comes within the purview of contact. So its very important to have a clear and definite idea on the subject of contract law. However, in this paper Iv tried to give a glimpse on this subject along with its application in practical day to day to business practices in various areas. This piece of work will demonstrate the very basic and primary areas of contract, like offer and acceptance, consideration etc, with a particular emphasis on the operation and operation of business contact. In addition, the paper contains importance of understanding the principle of liability in negligence in business practices and made an effort to apply such principles and practices in different business situations. Requirement 1: Importance of the essential elements required for the formation of a valid contract: A contract is the agreement between parties regarding any kind of dealings that is enforceable in law. So an agreement between parties enforceable by law is a contract and never the others which are not enforceable by law. Suppose, an agreement to purchase 1-kg heroine is not enforceable by law and as such it cannot be a contract, but an agreement for the purchase of computer is enforceable by law and as such is a contract. In this regard, we can reach to a conclusion that all contracts are agreements, but not the vice versa. A contract between the parties can be created verbally; in writing (including by electronic means and website); by act, behave, conduct or inference or By means of all or any of the above mentioned ways. Essentials Elements of a Valid Contract: To be a contract, an agreement must fulfill the following conditions: Proposal(offer) and acceptance; the parties must be competent; the consent of parties must be free; there must have lawful consideration; the object must be lawful; and the agreement must not expressly declared void by law. Beside the above mentioned elements the contract must be certain; possible of performance and written and registered if so required by law.However there can be special principles, terms and conditions applicable to the contract as agreed by the parties that concern specific subject matters, such as employment contract, the sale of moveable property, sale of immoveable property etc. The Offer: Offer is the starting point from where an agreement gets life formally which ultimately may take the shape of a legally binding contract. Offer means the formal expression of intention or willingness of one party to another to do or to refrain from doing an act in order to obtaining the assent of the other party to such act or omission. When one party signifies his willingness to other party in order to take consent of that party regarding any dealing, the party expressing such willingness is said to make an offer and he is called the offeror and the person to whom it is made is called the offeree . So it is clear that, the offer must be communicated to the other party; it can be revoked at any time prior to acceptance. In this point we have to keep in mind that some kinds of transactions involve a preliminary negotiation in which one party invite the other to make an offer. Such an stage is called invitation to treat. Such primary negotiations are an way to reach a stage to make an offer. It is now well settled that negotiations to enter into a contract can amount to an invitation to treat but not an offer. Acceptance: An offer when accepted becomes contract. When the person to whom an offer is made signifies his assent thereto the offer is said to be accepted. Thus the essence of the acceptance is the assent or consent that is coming from the offeree . It simply speaks of giving ones consent to the offer as it is made by the offeror and as such it will be a valid acceptance to convert an offer into a contract. So the acceptance must be communicated; must be to the original proposal made otherwise it could be a counter offer takes effect on the basis of the mode of communicating the acceptance to the offeror (in postal mode- on the date posted, in case of instant or electronic mode, occurs when received). Competency of the Parties: The law does not give everyone to enter into a contract rather prescribe certain specific qualification to attain to be competent to enter into a contract. A person to be competent to enter into a contract, must be of the age of majority; of sound mind; and not disqualified from contracting by any law which he is subject. Thus negatively, the following persons cannot enter into contract: minors; persons of unsound mind; and persons disqualified by any law. Free Consent: Free consent is an essential element of a valid contract. It is natural that for an agreement all parties to it must come to a common point. There are mainly two requirements to be a consent that the consent must given- To the same thing, andIn the same sense. So if the parties So to constitute a contract even mere consent is not sufficient, rather the consent must be free consent according to law agree upon different things or in different sense then this will not be treated as consent. The term thing used in the first requirement means the contents or subject matter of agreement. On the other hand, to constitute a valid contract even mere consent is not sufficient, rather the consent must be free consent according to law. That is to say, to be a free consent, that must not be caused by, coercion, undue influence, fraud, misrepresentation and mistake. In other words, if consent is given being affected by any of the above elements, the consent will not be treated by the law as free consent. Consideration: Ordinarily consideration means mean the exchange of the price. It has different legal meaning which does not restrict it only within the area of monetary compensation rather to be consideration, law required that, something is to be done, forborne, or promised at the desire of the offeror. It may even be termed as burden discharged or in other sense sufferings in the sense of losing something, may be that is ones energy, service, money or anything valuable. A paragraph from the book Law of Contract (10thedn, Sweet and Maxwell,1999,at p.64) Professor Treitel is worth mentioning – The traditional meaning of consideration concentrates on the requirement that something of value must be given and accordingly states that †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦What the law is concentrate with is the consideration for a promise-not the consideration for a contract. So consideration is the cause of acceptance and it – Must be valuable. Something must be supplied in return of the offer of the offeror, eg. Money. Must be lawful and non gratuitous. Must not be something already paid or incurred(past consideration) Lawful Object: In order to execute a valid contract the object and consideration of a agreement must have to be lawful. The object and consideration are lawful unless- It is forbidden by law; or Is of such nature that, if permitted, it would defeat the provisions of any law; or Is fraudulent; or Involves or implies injury to any person or his property; or It is regarded as immortal or against the public policy and public welfare. Enforceability in Law: Although an agreement may have all the essential elements, it may not be a enforceable contract because of some other issues like impossibility of performance or where the agreement unduly restrains any person in his trade. So if an agreement fails to satisfy the legal requirements of a contract then that becomes nothing but unenforceable by law which cannot turn into a contract ever rather a void agreement. (P1.1). Essential elements of the contract in a given scenario: Adam, Owner of a house offers in face to face, Brad to sell his house at a certain price. Brad, accept the offer made by Adam and pay a portion of price for the house asked by him. This is an example of a valid contract entered into by Adam and Brad for the sale of the house. In this transaction we will find all the essential elements for the formation of a valid contract. Moreover the contract is executed in a lawful manner. Here, Adam made the Offer which Brad Accepts in his Free Consent and pay Adam a portion of the Consideration (price). Both the parties are Competent to execute a contract and their Object is not also lawful. So the contract of sale of house between Adam and Brad is Enforceable in Law. The impact of different types of contract: Expressed and Implied contract: If the offer and acceptance of contract are made in words, i.e, either expressed orally or in words, it is an express one. It can be of two types, i.e. Oral and Written. On the other hand when there is no formal expression of such offer and acceptance rather it is implied from the acts or omission of the parties, it is regarded as an implied contract. Valid contract: An agreement enforceable by law is a contract and is valid. That is to say, a valid contract is that agreement which fulfils all requirements of a contract as imposed by law. Voidable contract: The voidable status of a contract is a temporary status which has to be made enforceable by law or has to be set aside and both these are dependant at the option of the parties at one side and not at the option of the other side. The law determines at whose option it will be validated or annulled in each particular case considering the nature of voidable contract. Thus a contract cannot remain as voidable forever; rather it has to be valid or void. Void contract: A contract becomes void by ceasing its enforceability by law. It is not a void ab initio. Because, law says that it has to cease its enforceability and it will be void only when it will cease that enforceability. Thus, the precondition of a void contract is the existence of a valid contract and afterwards somehow its enforceability will be ceased and then it will be treated as a void contract. There may have various grounds for ceasing the enforceability of law, e.g., supervening impossibility or illegality. Unilateral and Bilateral contract: In the case of bilateral contract each party takes on an obligation, usually by promising the other for something- as for example James promise to sell something and Ben promise to buy it. By contrast an unilateral contract is one in which only one party assumes the obligation under the contract. Terms in contracts meaning and effect: 1. Express terms: A. What did the parties say or write? B. Are the statements of the parties terms of the contract. 2. Implied terms: A. Terms implied by customs: It is well established that a contract may be subjected to terms that are sanctioned by the custom, whether commercial or otherwise, they have not been expressly mentioned by the parties. Precedents states that in commercial transaction extrinsic evidence of customs and usages is admissible to annex incidents in written contracts, in matters with respect to which they are silent. B. Terms implied by statute: The translation of usages into agreement and of agreements into statutory terms is most evident in the history of the contracts for the sale of goods. Moreover the provisions of Marine Insurance Act are another example in this regard. C. Terms implied by courts: Other terms have been judicially implied in a number of transactions. Thus in Lynch v Thorne,(1956) the Court of Appeal give judgment in favor of the defendant and held that they could not imply any term that would create an inconsistency with the express language of the bargain. Such a similar position was examined by the House of Lords in Lister v Ramford Ice and Gold Storage Company Ltd and majority of the judge gave judgment in favor of the respondent. Excluding and limiting terms: The common law is quite familiar with the practice of inserting terms excluding and limiting liabilities by one party which would otherwise be his. This situation frequently arises where a documents purporting to express the terms of a contract is delivered to one of the parties and is not read by him. A passenger receives a ticket, stating the terms or referring to the terms set out elsewhere, on which a railway is prepared to carry him or take charge for his luggage. There are different view regarding such clauses. One view describes it as a promisors obligation and the other view describe it as mere defense. P1.3 Appropriate terms for a given situation: Allan, buy a ticket to go to London from Liverpool. The ticket contains terms that he can carry only 10-kilo of goods and for more than that amount he has to pay extra  £5 for per 10-kilo. This is an example of excluding clause in the contract between him and the bus company. Requirements 2: 2.1 Practical application of the elements of contract: Scenario: According to the given problem for this assignment, the following advice has been provided: Advice: In the light of various elements of a valid contract, John McGurks first telex is clearly an offer; which Collin McCellend was to accept. The general rule is that acceptance takes effect on communication and application of this rule is embodied in the cases of Entores and Brinkibon. Considering that the telex of acceptance was sent outside working hours, when should it take effect, and considering the factors mentioned in Brinkibon- intentions of the parties and standard business practice- where should the risk lie? In assessing where should the risk lie we have take into account the fact that Collin can reasonably think that his telex would be read shortly after the lunch hour was finished and to expect John to check where there is any reply from Collin. This is relevant because in other cases on communications, the court does not entertain the claim of the parties who fail to receive message because of their own fault or negligence(such as it was in Entores case). If Collins telex is deemed to take effect when it is sent, a binding contract between them exist at that point and this will take priority over the contract with ford. We should then consider the position if the rule that acceptance only takes effect on communication is strictly applied. The next issue in question is the communication by the other car dealer from whom Collin learnt that the car has been sold. It is clear from Dickinson v Dodds that information from third party can amount to revocation because the message from the third party is regarded as the offeror had said it himself. However the exception of this rule is that if the source of information is not reliable there would be no revocation and the offer would be still available for acceptance. But in the present case this exception is not applicable as the source is not untrustworthy and as such Collin cannot claim John to give effect to his acceptance. However Collin is still entitled to claim damages assuming a contract was made. He could only force John to sell the car to him if court granted specific performance. As the court grant specific performance of contract only when monetary compensation is not adequate to give the plaintiff proper remedy or where there is no other remedy available. Collin can be adequately compensated by money and this could be done by allowing Collin to claim the difference between the cars price and the cost of replacement i.e. more or less  £2000. 2.2 Law on terms in different contracts: Terms of contract can either be conditions or warranties and it vary in various contracts depending on the nature and contents of the contract. Thus terms and conditions in the contract of sale of land are different from that of sale of goods. For better understanding see Terms of Contract- Meaning and Effect part of this paper in page. 2.3 Evaluation of the effect of different terms: Three kinds of contractual terms have normative effect and significance relative to each others namely; Conditions, Warranties and Innominate terms. Conditions: These are the most importance terms of contract and have serious consequences if breached. An innocent party can repudiate a contract and claim damages for breach of such terms. It is not necessary to mark such term as conditions in the contract and court will consider the intentions of the parties to determine such terms. See e.g. Schuler AG v Wickman Machine Tools Sales Ltd. (1974). Such terms can also be determine by statutory provisions, (e.g. Sale of Goods Act 1979, provides that certain terms relating to title to goods and quality of goods are conditions) and by the case laws, typically standard terms in commercial contracts. Warranties: It is of lesser importance than conditions and breach of such terms entitled the innocent to claim damages but not to repudiate the contract. Innominate terms: It can be either conditions or warranties and breach of them can be serious or trivial depending on the particular fact and conditions. Such terms was first emerged in Hong Kong Fir Shipping Co. Ltd. v Kawasaki Ltd. (1962). See also The Mihalis Angelos case, Bunge Corp. v Tradax Export SA(1981) and The Naxos(1990). Ref.1 Requirement 3: Tort: Law of tort the law of civil wrong but every civil wrong is not tort. For a civil wrong to be tort it must contain two conditions:- The remedy is common law action for unliquidated damages and The wrong is not exclusively a breach of contract, breach of trust or other merely equitable obligation. Thus Winfield defines tortuous liability arises from the breach of the duty primarily fixed by law; †¦Ã¢â‚¬ ¦and its breach is repressible by an action for unliquidated damages. Ref.2 3.1 Differences between liabilities in Tort and Contract: As to the source of interest and duty: The interest in tort and its corresponding duty are created by law but in case of contract they are created by the agreement between the parties to the contract. As to the nature of duty: In tort duty not to violate the interest of another person is toward persons generally, not to any particular person. In contract such duty is only towards the parties to the contract and not towards any strangers. As to nature of remedy: In tort damages are always unliquidated but for breach of contract liquidated damages can be claimed where specified in the contract. Others: Even where unliquidated damages are claimed the principle of liability in tort and contract differ. In contract damages are of compensatory nature except in case of contract of marriage and action by trader against his banker for dishonoring his check while there is sufficient balance to his credit. In tort, on the other hand, exemplary may in certain be awarded by the court. 3.2 Nature of liability in Negligence: Generally in all torts the liability is based on intentions or negligence. An act is negligent if its consequences are neither desired nor are substantially certain but are so probable that a reasonable man would have foreseen and avoid them. Thus, in certain cases of negligence the defendant may not have knowledge of his conduct or consequences thereof, but in many cases he has knowledge of both. It is the element of desire for consequences, which can distinguish negligence from intention. In case of intention actual or presumptive desire is always there, whereas in case of negligence there can never be desire for consequences. 3.3 Vicarious liability in business: Vicarious liability means the liability for the wrong committed by another person. Normally, a person is held liable for wrongs committed by him but sometimes he may be held liable for wrongs committed by other persons. Common example of such liability are liability of master for acts of his servants, done in course of employment, liability of partners for torts committed by a fellow partners, liability of principal for acts of his agent done within the scope of authority and liability of an employer for acts of an independent contractor employed by him. Thus vicarious liability in business can be found in the business practice of agency and in partnership business. In both the cases a person who is liable for any breach of contract cannot be held liable rather the person on behalf of whom he enters into contract will be liable. Thus when there occurs any wrong or breach of any contract or any part thereof by an agent acting on behalf of and within the authority of the principal, then the principal and the agent will be held liable. The same rule applies in the case of partnership business and for the wrong of a partner the fellow partners become liable subject to certain conditions and exceptions. Thus in the case of various contracts and business dealings there arises vicarious liability. Requirement 4: 4.1 Applications of the elements of tort of negligence and defences in different business situations: There are certain general conditions which must be fulfilled or satisfied before a person can be held liable for any tort. Negligence is one of such essential elements and it has significant effect in the ordinary course of various business practices. However negligence can be both, an element as well as a defense in appropriate cases of business. Negligence as elements: Negligence is the lack of application of reasoning and ordinary prudence on the part of the defendant for, that he can be held liable for any damages results from such damages. In every business practice or in other words, contract it is the duty of both the parties to act and behave in a reasonable and wise manner and perform his obligation diligently. Thus as an independent tort negligence means the infliction of damage by breach of a legal duty to take care which the defendant owed to the plaintiff. This if there occurs any breach or any party suffer loss for the negligent act and omission of the other, it will entitled the plaintiff seek relief and damages for such negligent behave. As a defense, contributory negligence: Contributory negligence is a special defense to an action for negligence. When any breach, damage or accidents occurs not solely due to the negligence of the defendant but also partly due to the lack of ordinary care on the plaintiffs part, the part of the negligence of the plaintiff is called contributory negligence because it also contributes towards bringing about of the consequence. The defense of the contributory negligence will fail if there is no lack of reasonable care and attention on the plaintiffs part. However the scope of the defense was already narrowed by invention of the rule of last opportunity in Davis v Mann (1842) case. It was further limited by extension of the last opportunity rule to situations where actually the defendant was not in a position to avoid the accident but he lost the opportunity because of some of fault on his part. Thus the leading case is, British Columbia Electric Rly v Loach(1916). 4.2 Applications of the elements of vicarious liability in given business situations: A, is appointed as agent for B for certain activities with the authority to enter into contract of selling As car. A enters into a contract with C for selling the car for  £2500. However after the compellation of the contract it is discovered by A that the car has certain defects which was unknown to A and hence C claims damages. In such a situation A is not liable for the act done by him as he has acted upon and within authority of B. Here not a rather B is vicariously liable and C can sue B, not for his claim. Concluding Remarks: Though sources of interest in contract and tort are different yet they may co-exist or concur in the same case. In such case interest is created by the contract as well as general law. In the realm of modern business practices contractual obligations and its breach are so much important and in this regard to get proper remedy and appropriate its very much essential to have clear and sound knowledge on contractual obligations, liabilities along with various liabilities of tort law.

Japanese Business Etiquette Essay -- Japan Traditions Culture Business

Japanese Business Etiquette Content: I.  Ã‚  Ã‚  Ã‚  Ã‚  Introduction II.  Ã‚  Ã‚  Ã‚  Ã‚  History a.  Ã‚  Ã‚  Ã‚  Ã‚  What is the country ¡Ã‚ ¦s political tradition? b.  Ã‚  Ã‚  Ã‚  Ã‚  Is there a dictatorship or other form of the government which means that the government will be closely involved in your efforts? c.  Ã‚  Ã‚  Ã‚  Ã‚  Is there a history of colonization or occupation by another state? d.  Ã‚  Ã‚  Ã‚  Ã‚  Are there any tensions with neighbors? e.  Ã‚  Ã‚  Ã‚  Ã‚  Is the country secular or not? f.  Ã‚  Ã‚  Ã‚  Ã‚  Religion? III.  Ã‚  Ã‚  Ã‚  Ã‚  Concepts for doing business a.  Ã‚  Ã‚  Ã‚  Ã‚  How does this culture see time? b.  Ã‚  Ã‚  Ã‚  Ã‚  How does this culture gather information? c.  Ã‚  Ã‚  Ã‚  Ã‚  How does this culture fit into the other models presented in class? d.  Ã‚  Ã‚  Ã‚  Ã‚  What are the important values in this culture; is there understanding of these values the same as yours? e.  Ã‚  Ã‚  Ã‚  Ã‚  How do hierarchies and negotiation styles fit in? f.  Ã‚  Ã‚  Ã‚  Ã‚  Is bribery an issue? IV.  Ã‚  Ã‚  Ã‚  Ã‚  Social Situation a.  Ã‚  Ã‚  Ã‚  Ã‚  Are there any particular manners or etiquette tips that are very important? b.  Ã‚  Ã‚  Ã‚  Ã‚  Is there a place for humor, small talk, etc.? c.  Ã‚  Ã‚  Ã‚  Ã‚  Are there particularities about food and drink? d.  Ã‚  Ã‚  Ã‚  Ã‚  Are there particularities about dress, body contact? V.  Ã‚  Ã‚  Ã‚  Ã‚  Conclusion VI.  Ã‚  Ã‚  Ã‚  Ã‚  References a.  Ã‚  Ã‚  Ã‚  Ã‚  History b.  Ã‚  Ã‚  Ã‚  Ã‚  Concepts for doing business c.  Ã‚  Ã‚  Ã‚  Ã‚  Social situations I. Introduction Our German company is planning a joint venture in Japan. For the reason that this is the first international venture of the company in its thirty year reason, we will send you, a delegation of men and women from our company, for a week-long trip to Japan for a first meeting with our counterparts. There are several factors which we tried to cover while for you in order to make your stay as successful as possible: „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  history „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  what factors might pose problems for Germans „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  how Germans can avoid offending the locals „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  how Germans can avoid culture shock „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  critical points to remember for the initial meetings We tried to collect all these information in order to smooth your way in the Japanese business world. We hope that this report will help you to find the way through the new culture you will soon have to handle. II. History a.  Ã‚  Ã‚  Ã‚  Ã‚  What is the country ¡Ã‚ ¦s political tradition? Japan is academically considered a constitutional monarchy with a bicameral parliament, the Kokkai or Diet. A constitutional monarchy is a form of government which represents a compromise between tho... ...r for the initial meetings Hopefully, we could contribute to your upcoming business relationship and could help you answering all your questions and help to take away your anxiety. Even though we know that Japanese culture totally differs from our German culture, we have faith in you. We think that you will smooth our way for upcoming transactions and relationships. V. References a.  Ã‚  Ã‚  Ã‚  Ã‚  History „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.japan-guide.html „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.fact-index.com „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.mapzones.com „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.dal.ca „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.nationmaster.com/encyclopedia/Foreign-relations-of-Japan „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.nationmaster.com/encyclopedia/History-of-Japan „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.japan-tipp.de „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.oldbookroom.com b.  Ã‚  Ã‚  Ã‚  Ã‚  Concepts for doing business „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.venturejapan.com/japan-business-culture-meeting.htm „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.rieti.go.jp/en/rieti_report/012.html, „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  www.kellogg.northwestern.edu c.  Ã‚  Ã‚  Ã‚  Ã‚  Social situations „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.geocities.com/japanfaq/FAQ-Manners.html „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://gojapan.about.com/cs/etiquetteinjapan/a/bowing.htm „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.cyborlink.com/besite/japan.htm „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.escapeartist.com/efam27/japan.html „ «Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  http://www.japan-guide.com

Forgiveness in Nathaniel Hawthornes The Scarlet Letter :: Scarlet Letter essays

Forgiveness in The Scarlet Letter "Time heals all wounds." is a famous line in American history. I don't think that this is true. My line would be, "Forgiveness heals all wounds." I think that Forgiveness in a very important part of life. Without it, people can not move on with their lives. Let's take for instance a murderer and the family of the person he killed. The murderer may be sentenced to death. The family of the person who was killed could go in and watch the man that killed their family member be put to death. That may give them peace of mind, but they still can not completely move on. They must forgive murderer for killing the person before they can really move on with their lives. Once they do this it will be easier for them. A book that really illustrated this is The Scarlet Letter. In this book there are three main characters, Arthur Dimmesdale, Hester Prynne, and Roger Chillingworth. These three people either needed forgiveness or needed to forgive someone. Some got it, some didn't. Whether or not they received or gave forgiveness had a great impact in their lives. Arthur Dimmesdale was a Reverend. He was supposed to be a great, God fearing person. He was supposed to never break a rule and be the kind of person everyone wanted to be. The only problem was that Dimmesdale had sinned, and it had been a horrible sin. He had slept with a married woman, and she ended up pregnant. This married woman was Hester Prynne. He needed forgiveness from everyone else before he could forgive himself. Dimmesdale couldn't tell anyone what he had done because he could have been put to death for it. He was too afraid of everyone else's reaction to tell them what he person had done. Therefore he could not receive forgiveness. This sin ate away at Dimmesdale till he couldn't live anymore. All this happened because he couldn't receive forgiveness from the people of his community and himself. Hester Prynne had been sent to Boston with reports of her husband to follow. After about a year she got kind of lonely. She wasn't sure is he even was going to come to her.

Evolution of Human Sexuality Essay

What is the difference between sex and sexuality? Over the years human sexuality has been a debate that has never been won. Each and every day there are person who expresses their sexuality differently and others considered them to be taboo. Perfect by nature that’s what we ought to be but because of self indulgence with choice we have developed sexuality. According to Gainor sex is refer to as the person’s biological status and it is typically categorized as male, female or intersex. Then what is sexuality? Has sexuality given us our gender identity and sexual orientation? Thus I will expound on the history of sexuality and how it has evolved. As early as the populations of the Hebrews sex was vital to their lively hood. The Hebrews considered the act of sex the bond to a monogamy relationship; one man, one wife according to Rabbi Tulushkin; but if a woman was childless or developed an abnormality such as a boil would lead to the grounds of divorce which rarely happened. They also thought that sex was the ‘divine injunction’ of procreation thus homosexuality was strongly disapproved of. They believed that marital bonds would be strengthened the heterosexual relationships and create a strong bond for the family. Although they had clear preference for monogamy relationship, polygamy was permissible. On the other hand many cultures such as the ancient Greeks normalized or promoted homosexuality among the adult males who were soldiers and older males with male youths; usually teenagers, entering into pedagogic friendships or love affairs that also had an erotic dimension. If sexual, the relationship lasted until the youth was ready for adulthood and marriage therefore, it was not suppose to threaten the institution of the family. Women had no status or rights than slaves in their society only giving them a job as concubines or house wives; they were treated like chattels. Beastality and Sadism were practiced of the world of ancient Rome. These sexual acts were only found among men of hierarchy. Although bestiality and sadism were accepted in their era, homosexuality was considered to be a threat to the family. After the crucifixion of Christ, Christians thought that masturbation and prostitution were sinful. Sexual pleasure even within the marriage was considered to be a sinful act from the days of Eve and Adam. According to Saint Augustine sexual lust ,shame and sexual intercourse during marriage were passed down from Adam and Eve were considered to be inherently evil therefore the only way they could have salvation was through celibacy. Hence, Christians recognize sex for procreation and not for self satisfaction. The Bible is considered to be the oldest book made by man and inspired by god but within the Indian culture the Kama Sutra was held has the bible of sexual pleasure. It gave a descriptions of ways in which a man or a female can seduced their partner and get them sexually aroused. They considered sex a spiritual gift that god gave them to expressed themselves. The Chinese also saw the act to be spiritual and was anything but sinful. The man is suppose to absorb more of his wife natural essence ‘yin’ and to bring his wife to orgasm which is used as a channel for the flow of energy and enhance his own masculine essence ‘yang’. As the world got revolutionized the conception of sex and sexuality changed drastically. During this time women got the opportunity to be liberated to vote and attend academic studies. Most religious practices became oblivious. Many Christians have adopted the view that there is no sin whatsoever in the uninhibited enjoyment of marital relationships One factor in the change of values pertaining to sexual activities was the improvement of the technologies. Technology became the mastermind of our social and emotional behaviors in our everyday life . Instances, masturbation has been seen as the norm in our society especially with pornography being so rampant. This affects the enjoyment of sex as the actual act being replaced by virtual reality. In most developing countries, fear of epidemic has drastically changed many aspects of twentieth century human sexuality. Fear of contracting AIDS and other sexual transmitted diseases has driven a revolution in educating person about sex which now centers far more the use of protection and abstinence. Bestiality remains illegal in most countries and condoned in none. Thus anyone carrying out this kind of practice will be subjected to punishment. This good gift of sex has been perverted and corrupted in our secular world, which is why it is such a struggle for most persons. The idea of including the perfection of one’s self in the realm of moral behavior is appealing. Indeed, I believe this to be the core purpose of human existence. Although, there are medieval practices still been carried out today most customs that were seen then are considered to be taboo and non-religious. Human behavior has changed in many ways than one but the understanding of human identity is still being questioned.

Human Population Growth

The two types of population growth of any species are exponential growth and logistic population growth (Simon, Reece and Dickey, 2010). Exponential population growth is defined as the rate of which a population grows constantly over a period of time resultant of continuous birth rate and ideal environmental conditions. In other words, the quality and quantity of resources is available at an overall higher standard, (Otherwise, 2012). The second type of population growth is logistic population growth. Most environments do not have unlimited resources. Limiting factors such as â€Å"carrying capacity† come into play. Carrying capacity is an environment that sustains a maximum population size (Simon, Reece and Dickey, 2010). When the population size begins to reach carrying capacity, there is a decrease in growth rate. When the population size is at its maximum for carrying capacity, it yields a zero growth rate (Simon, Reece and Dickey, 2010). As the population grows it can cause a number of serious problems such as food-scarcity, overcrowding, poverty, increased consumption, excess waste, and exploitation of natural resources such as land, water, fossil fuels, and vegetation. The combined effects of population growth, consumption, overuse, wastage and misuse of resources will strain the capacity of the earth to sustain life (Simon, Reece and Dickey, 2010). Human population exceeding its natural resources will limit access to basic needs such as adequate housing from overcrowded areas as lack of space will become evident. Building materials require resources such as timber from forests which results in deforestation. Means of transport require more consumption of fossil fuels, thus pollution of air, land and water result from greenhouse gas emissions. Scarcity of food and potable water will incur as more mouths to feed require agricultural production, also a result in deforestation, thus the need for increased water usage, and the application of pesticides and fertilizers that make the soil infertile and water scarce and non-potable. Generation of waste increase will require critical attention to proper waste management in order to prevent the spread of disease or epidemics (Simon, Reece and Dickey, 2010). Population will rise most rapidly in places least able to handle it, developing nations where hunger, political instability and environmental degradation are already pervasive (Otherwise, 2012). Massive efforts are in great need to keep social and economic conditions from deteriorating further. When the number in population exceeds the natural resources available to sustain it, there will be a profound effect on the overall quality of life and the degree of human suffering on Earth.

English Creative Choice Antigone Assignment Essay

Law. What is it but a set of rules created by man? It is nothing. Insignificant to life. Amoebas do not have laws. Neither do Animals. Yet, we live by them every day, throughout anything we do. You don’t drive to work on the left side of the road; neither do you steal food from your neighbors in retaliation for their horribly kept lawns. No matter for ridiculous, unnecessary, or primitive these laws; they are there for a reason. Yet, despite all that, Antigone thinks she is above all laws, and that she can prance around the city as she wishes, acting on any whim she desires. This, my friends, is most certainly not the case. Nobody is above these laws, not even the king himself. She went knowingly and willingly against the law, burying a traitor to our fair city, as if he was an ally. Ladies and gentlemen of the jury, whose side will you take? That of an honorable king? Or that of filthy lawbreaker? I urge you to make the correct decision today. Antigone’s Lawyer Today is the day that you can make the decision to let an innocent woman live. My client is not a criminal in any sense. She is of royal decent, and decent in every way possible. Her brothers killed each other, in a ruthless battle for power, and one was left to rot. Against the will of the gods, not allowing him to pass into the afterlife. This is not the way to treat even the most cruel individual, and certain not the way to treat royal blood. However, our â€Å"great, powerful ruler†, Creon thinks he is above the gods. No matter how unjust, Creon will not change his will, not even in the case of his royal own family. My client did the right thing, what any decent person would do to send their loved ones into the afterlife, even when a childish law forbids you from doing so. Do you think that eternal limbo is the correct punishment for a man who was trying to fight for his right to share the throne? Neither did Antigone. I beg you to choose wisely, as the wrong decision will send an innocent woman to death. Rationale Using the format of a closing statement, I created arguments from the side of both Antigone and Creon. On Creon’s side, I argued about the importance of laws. I said how people normally follow laws, even if they are ridiculous. I then went to mock Antigone, and how she â€Å"thought she was above the law†. How she thought that she could do whatever she wanted, and laws had no significance. I also accused her of being a â€Å"filthy lawbreaker†. Basically, I tried to persuade the jury that Antigone had not cared for laws, breaking them at her own will. On the other hand, on Antigone’s side, I argued that Antigone was not at all a criminal, just a caring sister. I went to show how Polyneices was just fighting for what was rightfully his, and this did not make him a traitor. I also argued how Creon thinks he is more important that the holy laws.

Culture of China Essay

Education is one of the most important things during our life. I know the difference between Chinese education and American education. American high education is the best in the world, but when we talk about the basic education, most people will have different bifurcation. However, it is allowed in U. S. Americans think calculators go fast and are correct. So, when both students have an exam, then Chinese are better than American students. But when both students use some information tools, then Americans are really better than Chinese student. All appearance, Chinese students are better than American students when they manage and exploit cerebra, but when we compare how to use different information or how to spread cerebra, the American students are better than Chinese students. When we compare the Chinese basic education with America’s, then most people’s opinion are that Chinese education is for foundation education, and American education is for the cultivation of students’ creativity. In China, â€Å"seventy three percent people agree, and twenty four percent disagree with this. Also another three percent think Chinese education is foundation education, but student may be not learning much, while American education is for cultivating students’ creativity, but it can let students learn more. † China and America have totally different tradition and exams. Chinese education focuses on the knowledge to accumulate and indoctrinate, on how students use and manage the knowledge they learned in school, and on how to understand the knowledge system and structure. Reversely, American care more about how students use knowledge in society. It lets student challenge the knowledge, animadvert ideas, and focus on, exploit or create knowledge. These two types of attitude about education show us the different ways to understand knowledge, and also to show two countries with different education opinions. â€Å"In China, when comparing the education, sixty percent people think the best education model is uniting both advantages. It lets students have very good foundation education and good creativity. Sixty five percent disagree. Another thirty three people think, because the two types of education come from different culture, tradition and society background, it is really hard to combine. † The difference between China and America is mostly an education and knowledge difference. Such as, what is basic foundation education? We can have an example in math. In Chinese education, Chinese think it is basic to have calculation skills so everybody has to remember the entire concept. So, from elementary school to high school you are not allowed to use a calculator. American education focuses on improve student assuredness, self-determination, independence, and Chinese education focuses on strictness and preciseness. Good foundation education can improve creation; also it can improve student’s thinking. Good preciseness can improve comprehensive thinking. Also, could be an enemy to thinking. Education is culture, and different educations show different societies’ culture; the good American education system may not be good for Chinese society. So, different education has to follow the society background. Because different society backgrounds and different culture helps humans create a different country in the world, American education should be following the American’s culture. Also, Chinese education has to follow Chinese culture. A good education model for China is very important to the learning process, and also is very hard. Anyway, we only need modern education which is internationalization education system and localization education systems unite each other. That is going to improve our education skills.