Sunday, January 19, 2020

Star Trek - The Next Generation :: essays research papers

Star Trek - The Next Generation   Ã‚  Ã‚  Ã‚  Ã‚  Star date: 41176.8 Captain's log. This is my (Captain Jean-Luc Picard of the U.S.S. Enterprise #NCC-17O1 D) account of the events leading up to and beyond the Federation and Romulan war (2380-2385 AD).   Ã‚  Ã‚  Ã‚  Ã‚  Star date: 32851.2: The Enterprise received a distressed call from a fleeing scout ship. SOS... I am ... under ... attack!! request ... asylum ... Federation ... Space!!..   Ã‚  Ã‚  Ã‚  Ã‚  The ship was pushing the limits of its engines as it hurtled out of the neutral zone -- the volume of space that serves as a no-ones-land separating the United Federation of Planets and the Romulan Empire. A powerful Romulan warbird was mercilessly firing wave after wave of disrupter blasts at the small defenseless scout ship. Once the scout was in Federation space, the warbird broke off the attack and quickly retreated back to Romulan space.   Ã‚  Ã‚  Ã‚  Ã‚  We hailed the ship and found out from her captain that he was alone. His name was Shaq, captain of the Check Mate. He claimed to be a Romulan captain in search of Federation asylum. I had never heard of such a thing; in Romulan society, loyalty to the Romulan Empire is more sacred than life itself. In any event, I was certain that we would learn a lot more during the next few days.   Ã‚  Ã‚  Ã‚  Ã‚  Star date: 32851.5: Captain Shaq claimed that he was defecting in order to prevent intergalactic war. He told us that the Romulan Empire has plans for an abominable new weapon for use against the Federation and any others who might dare to resist total domination of the Romulans. The weapon, called the Metagenic Device, would be launched from orbit to any planet and release a deadly virus throughout the planet's atmosphere. The virus would then quickly infect all forms of life and cause fatal mutations in the DNA of its victims. Within twenty-four hours, all life would cease. Within thirty-six hours, the virus itself would break down becoming inviolable, leaving the planet's resources free for plunder.   Ã‚  Ã‚  Ã‚  Ã‚  At this time we did not know if we should trust Captain Shaq, so I decided to send an away team to investigate his ship and its computer record. As I was ordering my number 1 officer, Commander Riker, with the away team over to the Checkmate, Shaq warned me against such action claiming that he had initiated a self-destruct sequence before leaving his vessel. Seconds later, the scout ship exploded. We immediately questioned Captain Shaq as to why he initiated the self-destruct. He replied, that though he wanted to prevent the war, he was no traitor and would not willingly give up the secrets of his

Saturday, January 11, 2020

Humanities Religion Paper Essay

Throughout the span of this course I have learned what it takes to build a successful empire. There are many tactics that are involved in constructing an empire that is stable, which include an effective irrigation system, having an army, land for crops to grow, a system of government, the development of social classes, a trading system, tools and specialized skills for the making of goods, and a shared standpoint of religious beliefs. The one thing that I found most intriguing is how throughout the period of time every civilization has had some sort of caste system. A caste system is a social structure which separates individuals of a civilization into their inherited social class; it can also prohibit the marriage of two individuals of different caste. In the time we live in now you can still separate people into a variety of different social classes such as: upper class, upper middle-class, middle-class, lower middle-class and poor. But let’s rewind a few thousand years in to one of the earliest known civilizations, the Mesopotamians. The history of Mesopotamians can be separated into two categories, the Sumerian period and the Semitic period. During these periods I see the caste system come into play because Priests were at the top of the chain, they were the ones who controlled religious and economic dealings. The Law Code of Hammurabi, I would also consider to be part of a caste system. Majority of the Law code’s requirements deal with the relationship between a husband and wife, along with the relationship between other members of the family, these are a couple of the passages from the code: 131. If a man accuses his wife and she has not been taken lying with another man, she shall take an oath in the name of god and she shall return to her house (book). 145. If a man takes his wife and she does not present him with children, and he sets his face to take a concubine, that man may take a concubine and bring her into his house (book). Even though these do not directly deal with a certain social standing they do however show the standing of women during this period, and also these laws would apply to anyone in any social class. The Egyptians had their own form of the caste system. Egypt was structured so that there was an upper and lower caste. They had a strongly controlled government ruled by one single ruler, the pharaoh. The pharaoh was regarded as a living god, the equal of any other deity (book). Right below the pharaoh was the priest, whose responsibility was to preserve the tradition of religious beliefs. Pharaohs are at the top of the chain, government officials fall directly below the pharaoh and consist of nobles and priests. Next on the chain below the government officials would be the soldiers, merchants and artisans fell directly under the soldiers, farmers were second to last on the chain and then at the very bottom you find the slaves. During ancient Greece time in the city of Athens, I see a form of the caste system fall into place. Social classes during the ancient Greece period applied strictly to men and women took their social standing from their husbands. Any person born into an Athenian family is considered to be a citizen and part of the upper class during this period. The middle class was comprised with merchants, merchants were any men who were non-citizens and are ineligible to become a citizen. The lower class was any freed slave. A slave could become free only if his/her ransom was paid off by a family member. Again you see the slaves fall at the very bottom of all caste systems. Athenians viewed their slaves as barbarians because most, if not all were from a foreign region. I have also learned that the Romans had a set caste system. In my book it states that the Romans had an extremely hard working middle class that were devoted to their central government. When I was reading this, all I could think about is how my family would be considered middle class and how hard working both my parents are. They are devoted to making sure I am provided with what I need, which is what Augustine wanted for the Romans. Augustine’s social reforms were intended directly at the upper classes and were anticipated to return his people to traditional family values. During the Roman republic citizens were split into two classes the patricians and the plebeians. Patricians also known as aristocrats filled the upper class; they had elite rights to the Roman Senate and magistrates. The lower class was known as the plebeians. The plebeians would elect leaders to represent them and their interests while also protecting the lower class people against states officials who treated them discriminatorily. The Aryans are the true developers of the caste system. They made a separation between nobility and the common people. The caste system of the Aryans divided their society into castes of priesthood, the warriors, the laborers and the serfs. India went through many changes and so did their caste system. The caste system was one the shaping social forces in India, reinforced by many laws concerning marriage, table exclusion, laws of rituals purity and so on (book). I have found the caste system of India the most fascinating so far, I believe it most accurately represents the way we caste individuals now.

Friday, January 3, 2020

Motor Accident Claims And Compensation - 2451 Words

DISSERTATION SYNOPSIS ON MOTOR ACCIDENT CLAIMS AND COMPENSATION SUBMITTED FOR THE PARTIAL FULFILLMENT OF THE COURSE REQUIREMENT OF X SEMESTER AREA OF RESEARCH TRANSPORTATION LAW SUBMITTED TO: Mr. Udayakumara Ramakrishna B.N. FACULTY IN CHARGE, TRANSPORTATION LAW SUBMITTED BY: REGISTRATION NO. – 10A047 SEMESTER - X GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR, 16TH FEBRUARY, 2015 INTRODUCTION Transportation is a very basic thing which is part of our day-to-day life and daily experience of the common people. As there are many rules, regulation and laws in this country which directly dealing with this matter. As this is the very important and basic thing because as country like us we can’t avoid matter related to transportation because as every country have their basic facilities and daily work through this. As we talking about transportation law then in this case Indian authority are not so conscious about the Transportation law and law abiding. Because as taking example of Indian practice for the rules and regulation for the transportation then in this case most of the time people even don’t know what kind of rules are there, what are the regulations, insurance policies, accidental claims and remedy for that? As in this situation first of all they have to know what are rules and then any insurance guidelines and what remedies they are available with them thr ough courts. If any misfortune happens during journey then who is having liability of the damage and lossShow MoreRelatedCar Accidents Essay992 Words   |  4 PagesCar accidents are a leading cause of both morbidity and disability. A car accident is said to have occurred when a motor vehicle collides with another motor vehicle, a pedestrian, an animal, a structure, a building or road equipment. Despite strict laws that govern speeding, drunk driving, distracted driving and overall driver negligence, car accidents continue to increase. New data from the National Safety Council shows that car accident fatalities have increased by a third from 2014 to 2016 inRead MoreA Brief Note On The Tampa Bay Auto Accident949 Words   |  4 Pages[Auto Accidents] The Tampa Bay Auto Accident Attorney with the experience you need and the personal attention you deserve. What should you do after a car accident? In Florida there are over 16,000 million drivers and more than 200,000 car accidents per year. It’s likely that one day you will be involved in a car accident. Here are some important guidelines to follow if you are in an accident: †¢ Never leave the scene of a car accident. If you do, you risk criminal charges. †¢ Check to see if thereRead MoreWrite An E Book For Clauson Law4864 Words   |  20 PagesGoal: to write an e-book for Clauson Law Total Word Count In This Document: 4882 Title Suggestions: ?A Guide To Handling Motor Vehicle Accidents?, ?What To Do After A Motor Vehicle Accident?, ?Everything You Should Know About Motor Vehicle Accidents The Law? Introduction One day you are going about your daily routine and business as if it were any other day. you wake up, wash up, get ready for school or work, eat breakfast, and get in your car to go to your classes or your office. Or maybeRead MoreRisk Management : Colorado State University Global1289 Words   |  6 Pagesstep of traditional risk management is to identify loss exposures. The first loss exposure identified is property damage due to tornadoes. Second, slips or falls of guests or employees on the campus is a personal or personnel loss exposure. Third, motor vehicle incidents, a liability, involving employees driving CSU-Global vehicles are an exposure. A fourth loss exposure is privacy of student or employee information caused by cyber risks. Sexual transgression crimes and the civil lawsuits from theRead MoreInsurance Company Essay1021 Words   |  5 PagesCompanies after a Car accident in Kansas City, MO? The roads in Kansas City, MO are congested every single day. To make matters worse, many people drive over the posted speed limit. This inevitably leads to motor vehicle accidents. Whenever the motor vehicle accident is serious and leads to personal injury and/or property damage, the driver is required to report the incident to both his insurance company and that of the other party. When you first get involved in a car accident, resist the impulseRead MoreTort Law Reform And The Law Of Negligence994 Words   |  4 Pages211 CLR 540; 194 ALR 337; Harriton v Stephens (2006) 226 CLR 52; 226 ALR 391; Caltex refineries (Qld) Pty Ltd v Stavar (2009).75 NSWLR 649; 259 ALR 616. The plaintiff must also be foreseeable: Seltsam Pty Ltd v McNeill (2006) DDCR 1. The ‘compensation culture’ was ‘hysterical’ in 1990’s in relation to Tort of Negligence of public liability insurers. The action requested by Government to investigate on a national level of process (which involved the investigations, research and production ofRead More1. Paixà £o And Another v Road Accident Fund 2012 (6) SA 377 (SCA) 2. The court of the first900 Words   |  4 PagesPaixà £o And Another v Road Accident Fund 2012 (6) SA 377 (SCA) 2. The court of the first instance was at the South Gauteng High Court, Johannesburg and the judge was Mathopo J. 3. Paixao and Another v Road Accident Fund [2011] ZAGPJHC 68 4. The Road Accident Fund is the South Africans state insurer, which is entailed in law regulations relating to the issue of delict in accordance with the Act for damages or loss, for people in society who are involved in motor vehicle accidents. 5. Widowed, Mrs PaixaoRead MoreCases Based Off Civil Wrongs Are Known As Torts1042 Words   |  5 Pagesor awarded in compensation for a loss or an injury Personal Experience My tort experience, revolves around a motor vehicle accident. To explain, I had caused an accident which under normal circumstances would not have happened. The incident involved the liquid form of magnesium chloride, which is used to prevent ice buildup in winter driving conditions. This product was applied by the City and/or State s Department of Transportation (DOT). On the particular evening my accident had happened,Read MoreWarranties Are An Important Contract Term1716 Words   |  7 Pageswould have resulted in cover terminating automatically from the time of the breach with the contract essentially becoming voided from the date of the breach. The insured would still be required to pay the premium and the insurer could repudiate the claim as the policy would have been voided from the date of the breach. Since the Insurance Act, warranties are still an important contract term although breach of a warranty will not result in termination of the policy. The Insurance Act has amendedRead MoreBusiness Law Irish1299 Words   |  6 Pages1. A person’s conduct can give rise to a negligence claim if he or she fails to act with reasonable care and another person suffers some harm as a result. If you have been the victim of negligence that has resulted in a personal injury or an injury to your property, you can file a negligence claim. In addition to knowing whether or not you have suffered harm due to someone else’s negligence, it is important you understand basic procedural rules to filing your negligence complaint. In order to prove

Thursday, December 26, 2019

Biography of Jefferson Davis, Confederate President

Jefferson Davis  (born Jefferson Finis Davis; June 3, 1808–December 6, 1889) was a prominent American soldier, secretary of war, and political figure who became the president of the Confederate States of America, a nation formed in rebellion to the United States. Before becoming a leader of the slave states in rebellion, he was  viewed by some as a  plausible future president of the United States. Fast Facts: Jefferson Davis Known For:  Davis was the president of the Confederate States of America.Also Known As:  Jefferson Finis DavisBorn:  June 3, 1808  in Todd County, KentuckyParents: Samuel Emory Davis and Jane DavisDied: December 6, 1889  in New Orleans, LouisianaEducation: Transylvania University, U.S. Military Academy at West PointPublished Works:  The Rise and Fall of the Confederate GovernmentSpouses: Sarah Knox Taylor, Varina HowellChildren: 6Notable Quote: Are we, in this age of civilization and political progress†¦to roll back the whole current of human thought, and again return to the mere brute force which prevails between beasts of prey, as the only method of settling questions between men? Early Life and Education Jefferson Davis grew up in Mississippi and was educated at Transylvania University in Kentucky for three years. He then entered the U.S. Military Academy at West Point, graduated in 1828, and received a commission as an officer in the U.S. Army. Early Career and Family Life Davis served as an infantry officer for seven years. After resigning his military commission in 1835, Davis married Sarah Knox Taylor, the daughter of  Zachary Taylor, the future president and Army colonel. Taylor strongly disapproved of the marriage. The newlyweds moved to Mississippi, where Sarah contracted malaria and died within three months. Davis himself contracted malaria and recovered, but he often suffered lingering effects from the disease. Over time, Davis repaired his relationship with Zachary Taylor and he became one of Taylors most trusted advisers during his presidency. Davis married Varina Howell in 1845. They remained married for the rest of his life and had six children, three of whom lived to adulthood. Cotton Plantation and Start in Politics From 1835 to 1845, Davis became a successful cotton planter, farming on a plantation called Brierfield, which had been given to him by his brother. He also began buying slaves in the mid-1830s. According to the federal census of 1840, he owned 39 slaves. In the late 1830s, Davis took a trip to Washington, D.C.  and apparently met President  Martin Van Buren. His interest in politics developed, and in 1845 he was elected to the U.S. House of Representatives as a Democrat. The Mexican War and Political Rise With the beginning of the  Mexican War  in 1846, Davis resigned from Congress and formed a volunteer company of infantrymen. His unit fought in Mexico, under General Zachary Taylor, and Davis was wounded. He returned to Mississippi and received a heros welcome. Davis was elected to the U.S. Senate in 1847  and obtained a powerful position on the Military Affairs Committee. In 1853, Davis was appointed secretary of war in the cabinet of President  Franklin Pierce. It was probably his favorite job, and Davis took to it energetically, helping to bring important reforms to the military. His interest in science inspired him to  import camels  for use by the U.S. Cavalry. Secession In the late 1850s, as the nation was splitting over the issue of slavery, Davis returned to  the U.S. Senate. He cautioned other southerners about secession, but when slave states started leaving the Union, he resigned from the Senate. On January 21, 1861, in the waning days of the administration of  James Buchanan, Davis gave a dramatic farewell speech in the Senate and pleaded for peace. President of the Confederate States of America Jefferson Davis was the only president of the Confederate States of America. He held the office from 1861 until the collapse of the Confederacy at the end of the Civil War, in the spring of 1865. Davis never campaigned for the presidency of the Confederacy in the sense that politicians in the United States campaign. He was essentially selected to serve and he claimed not to be seeking the position. He began his term with widespread support within the states in rebellion. Opposition As the Civil War continued, Davis critics within the Confederacy increased. Before secession, Davis had consistently been a forceful and eloquent advocate for states rights.  Ironically, he became inclined to impose the rule of a strong central government as he tried to manage the Confederate government. Strong states rights advocates within the Confederacy came to oppose him. Besides his choice of Robert E. Lee as commander of the Army of Northern Virginia, Davis is mostly deemed a weak leader by historians. Davis was seen as prickly, a poor delegator, overly involved in details, wrongly attached to defending Richmond, Virginia, and guilty of cronyism. Most historians agree that he was far less effective as a leader during wartime than his counterpart, President Abraham Lincoln. After the War Following the Civil War, many in the federal government and the public believed Davis to be a traitor responsible for years of bloodshed and the deaths of many thousands. There was a strong suspicion that Davis had been involved in the  assassination of Abraham Lincoln. Some accused him of having ordered Lincolns murder. After Davis was apprehended by Union cavalry while trying to escape and perhaps keep the rebellion going, he was locked up in a military prison for two years. For a time he was kept in chains, and his health suffered from his rough treatment. The federal government eventually decided not to prosecute Davis and he returned to Mississippi. He was financially ruined, since he had lost his plantation (and, like many other large landholders in the south, his slaves). Later Years and Death Thanks to a wealthy benefactor, David was able to live comfortably on an estate, where he wrote a book about the Confederacy, The Rise and Fall of the Confederate Government. In his final years, in the 1880s, he was often visited by admirers. Davis died on December 6, 1889. A large funeral was held for him in New Orleans and he was buried in the city. His body was eventually moved to a large tomb in Richmond, Virginia. Legacy Davis, in the decades before the Civil War, served admirably in a number of positions within the federal government. Before becoming a leader of the slave states in rebellion, he was  viewed by some as a  possible future president of the United States. But his accomplishments are judged differently from other American politicians. While he held the Confederate government together in nearly impossible circumstances, he was considered a traitor by those loyal to the United States. There were many Americans who believed he should have been tried for treason and hanged after the Civil War. Some advocates for Davis point to his intellect and relative skill in governing the rebel states. But his detractors note the obvious: Davis strongly believed in the perpetuation of slavery. The veneration of Jefferson Davis remains a controversial subject. Statues of him appeared throughout the south following his death, and, because of his defense of slavery, many now believe those statues should be taken down. There are also periodic calls to remove his name from public buildings and roads which had been named in his honor. His birthday continues to be celebrated in several southern states, and his presidential library opened in Mississippi in 1998. Sources Cooper, William C., Jr. Jefferson Davis, American. Alfred A. Knopf, 2000.  McPherson, James M. Embattled Rebel: Jefferson Davis as Commander in Chief. Penguin Press, 2014.  Strode, Hudson. Jefferson Davis: Confederate President. Harcourt, Brace and Company, 1959.

Wednesday, December 18, 2019

Essay Questions On Sleepless Nights - 2127 Words

Nick Flint English 2010 Oct 7, 2014 To Go Or Not To Go? Sleepless nights. Worry. Avoiding the often asked questions: â€Å"Are you going to college? Where? When? For What?† These are some of the frustrations of a high school student nearing the end of his high school education. All the while he or she is wondering, â€Å"Is college worth it?† They rarely receive the answer they wish for. The truth is, there is no right or wrong decision. The amount of education a person receives should be catered to his or her needs and the lifestyle of his or her choice. When looking for a career, many people look at average wages and how many years of schooling are usually required. What they should be doing is matching their interests with the aspects that make up a certain career. A successful job is not one that makes the most money or has the highest social status, but one that gives a sense of fulfillment. Humans thrive off feeling like they are making a contribution to the world. Do You Have Enough Money? â€Å"Why do some students borrow more than $40,000 for a bachelor’s degree when average borrowing is only half that?† (257). This is the question Robin Wilson tries to answer in â€Å"A Lifetime of Student Debt? Not Likely†. Wilson claims that most loans bigger than $20,000 really are not necessary. Students usually get into huge amounts of debt when they choose the college of their dreams, rather than the most cost effective choice. He has spoken with many people who have acquired high amountsShow MoreRelatedCause And Effect Essay Sleep Deprivation1134 Words   |  5 Pages Shubhanker Gaur Com 1101(09) 03/17/2016 Essay 4 Cause and Effect Essay Sleep Deprivation Cause and effect Essay Sleep deprivation Most people have at least stayed awake for the entire night once during their lifetime. This behavior is common amongst individuals enrolled in High School or pursuing University degree. One might wonder how lack of sleep for the night impact him/her. However, it has being proven that being awake for 24 hours has unpleasant effects on health.So why is sleep so importantRead MoreMy Literacy Experience1072 Words   |  5 Pages My literacy experience What does it mean knowing how to read and write. I take literacy skill very seriosly that will help me in the future. I know such skills dont come easy, it requires hard work, sleepless night. The reason why I go to school is to make mistakes, correct them and not to repeat them again. I always improve my skills through curiosity to learn something new, not being able to read and write would keep me in a darkness without seeing beautiful things that surround me. I haveRead MoreEssay about Happy Endings True Love8166 Words   |  33 Pagesorganises, indeed constitutes, the classical American cinema as a whole. -Raymond Bellour (Bellour, 1974, 16) You dont want to be in love - you want to be in love in a movie. -Becky, Sleepless in Seattle Reality and love are almost contradictory to me. -C#233;line, Before Sunset This essay is primarily concerned with the concept of the Hollywood romance happy ending. On a broader scale, it is also concerned with addressing the relationship of these endings to something which (IRead MoreLet them eat dog Essay833 Words   |  4 Pagesï » ¿Let Them Eat Dog Written by: JONATHAN SAFRAN FOER The analysis is based on the essay by JONATHAN SAFRAN FOER titled â€Å"Let Them Eat Dog†. This essay debates a topic that at first glance would seem to have a logical answer of no but the author provides many reasons that may make you wonder why is no the answer. What would your response be to the question should we eat dogs? First from a rational appeal, the author challenges you to remove the emotion or stigma from the act of using a dog for meatRead MoreThe Negative Side Of A Wandering Mind964 Words   |  4 Pagesindividuals avert their attention from a current task to the thoughts in their minds. The ability to think about something else and escape from the task at hand (e.g., studying, driving, or eating) can be both a benefit and a detriment in daily life. This essay will explore the setbacks of mind wandering (e.g., productivity level and distraction) and the effect it has on humans’ overall mood. It is almost always a good thing to plan ahead, but thinking about the future can often lead to an increase of stressRead MoreProcrastination Is An Inborn Characteristic1307 Words   |  6 Pagesthe stress of beginning a project or essay at the last minute and scrambled to finish on time. However, I differ in that I am a consistent procrastinator. I have been told by my sister, who is a junior in college, that if you have free time in college you probably are procrastinating. Judging by the amount of free time I have had in just the first semester of college, I would say that I’ve done a fair amount of procrastinating. Ordinarily, I wait until the night before an exam to start studying orRead MoreStress : Stress And Health1336 Words   |  6 Pagesreacts or adapts to the stressful situation. Chapter 12 states that stress can lead to health issues such as suppression of the immune system and cardiovascular wear and tear. Stress can play a huge role in our health and this ess ay will answer some of the stress questions such as three things that stress me out, a stressful situation in my life and eating habits when stressed. The first topic is things that are currently causing me stress. One of the main things that are causing me stress rightRead MoreThe Strenuous Cycle Of Stress1111 Words   |  5 PagesAlex Corbin College Composition Mr. Short 22 January 2016 The Strenuous Cycle of Stress For the past year and a half I have been swamped with college visits, essay writing lessons, standardized testing tutoring, endless family discussions, and stress beyond belief. It was not until recently, when I was accepted into college, that the chaos finally ceased†¦ barely. The size of the burden that the college process places on high school juniors and seniors is too enormous to measure and too unnecessarilyRead More Samuel Taylor Coleridges Life and Achievements1007 Words   |  5 Pagesbeing in her presence. Coleridge begins to serenade her with a song with she grieves in. The song tells of an old tale which was suited for that particular time. He admires all her physical traits, such as her low eyes. The knight travels day and night restless across mountains to face his demon. The knight defeats the demon and rescues what he calls his â€Å"Lady of the Land†. The woman thanked the knight by curing for all his wounds. As he was dying, she cried, yet sear ched in his face to see if theyRead MoreThe Purpose Of My Research Conducted For This Paper Was1677 Words   |  7 Pagesaffect those as young as two years old. There are many different factors that play a part in how the body functions and reacts. I will be reviewing the information gained during my research. Throughout my paper I will be answering several different questions and discussing key points in reference to the disease. Where did Parkinson’s get its name? How does this disorder affect the human body? What complications if any are a result of it? Are there any known types of treatments linked to this disorder

Tuesday, December 10, 2019

Introduction to Ethics and Business Law Free-Samples for Students

Questions 1.Was it a term of the contract between Mikaela and Tower Flours that the almond flour would be gluten free? (5 marks) 2.Was there an implied term in Dan and Jacobs contract with Mikaela, that their wedding cake would be gluten-free? (3.Was the icing colour a condition or a warranty of the contract? (3 marks) 4.Is Mikaela still responsible for the icing being the wrong colour on Kimikos cake? Answers: 1.In the present case there is a lady namely Mikaela running a cake shop. She sources her ingredients from a shop i.e. Tower Flours. The shop owner in the case of Tower Flours is Ricky. Prior to placing an order from the shop, Mikaela asked from Ricky as to whether the flour they sell is free from gluten. She made this enquiry with the thought process that flour containing gluten might harm the customers health. In the present case the customers Dan and Jacob had ordered for almond flour cake and they had specifically made no request for the ingredients to be gluten free. From the present case it can be inferred that an online contract has been entered between Mikaela, the owner of the cake shop and Ricky, the owner of Tower Flours. However it can be understood that the terms of the contract had not been expressly mentioned in the online contract[1]. Whatever discussion and agreement had been done included the terms which were not specifically mentioned in the online contract. Hence it is essential to mention the terms and conditions in a written manner because in case there is a breach of any term or condition it can be easily contested in the court for redress. Hence there seems to be absence of an express contract. The terms have been agreed upon in an implied manner[2]. The online contract has no clear mention of the facts that the cake delivered does not contain any gluten. However it was clearly discussed in an oral manner that the almond flour that would be used for making the cake would be gluten free. The rules of commercial contracts suggest that an agreement entered between two parties must contain terms and conditions in an explicit written manner[3]. As per the common law of Australia, it is imperative that some of the important terms and conditions of a contract should be expressly mentioned. 2.In the present case there is a wedding for which a cake has been ordered. The bride and groom in this case are Dan and Jacob respectively. Herein Dan and Jacob had order a cake which had to be made from almond flour. However they had not expressly mentioned that the cake should not contain any gluten. It has been seen that Dan suffers from coeliac disease and has a severe reaction after the consumption of the cake. The order given in this case was only for a cake made out of almond flour. There was no clear instruction suggesting that the cake should be free from gluten. Thus it can be inferred that there was no implied term present which suggested that cake must be devoid of gluten. However the Australian Consumer law is applicable nationally. There are certain terms which are not mentioned clearly in a contract[4]. They can be inferred only through the intent and conduct of the parties to the contract. For example, any company has their own confidentiality policy. Thus if a staff discloses any confidential information out of the organisation, he will be held for causing breach. Usually terms are decided by parties to the contract. However rules and provisions of the consumer can imply certain terms into the contract. As per the consumer law, it is the duty of the seller to ensure that the goods sold to the customer are of high quality and does not cause any harm or damage to the customer. It is upon the court to take into consideration the existing situation[5]. On the basis of the situation the court can decide as to which term is to be considered or not to be considered to address the breach. Thus in the present case Dan and Jacob can use the provisions of th e consumer protection law to sue Mikaela for the breach of contract. However in the present case Mikaela can claim defence that she had no knowledge of the cake containing gluten. She can claim breach of contract and counter sue Ricky for not complying with the terms and conditions. She can take recourse of the provisions of the consumer laws of Australia for holding Ricky liable. She might face issues of proving the fact there was a discussion pertaining to the need of the cake being gluten free. She can take recourse of the provisions of Misrepresentation Act 1972 for her claim[6]. 3.In the present situation there is another contract entered between Kimiko, a customer and Mikaela, the owner of the cake shop. Under the case scenario, Kimiko has set certain terms and conditions prior to placement of an order. She had stated that she wanted a chocolate cake containing purple and blue icing. The purpose of the cake was for a sports function. There was a sign displayed earlier by Mikaela on the wall near the counter where it was mentioned that the organisation does not take responsibility for a warranty breach. On the delivery of the cake it was discovered by Kimiko that icing colour on the cake was green and blue. This was contrary to what Kimiko had ordered. Hence it clearly depicts the breach of a condition. It was expressly mentioned by Kimiko that there should be two characteristic of the cake. One that the cake had to be a round chocolate cake and the cake needed to have purple and blue icing[7]. The purpose of having a blue and purple icing was of significant essence as it would serve a specific purpose. Thus the negligent act on the part of Mikaela has led to a breach of condition. Kimiko is entitled to repudiate the entire contract and claim for damages. Mikaela cannot claim that the icing colour was a warranty. 4.During the order being placed, it was specifically mentioned by Kimiko that the cake should be round and be of chocolate flavour. She was very specific about the colour of the icing of being purple and blue. She was very specific about the icing as it would serve a certain purpose. Any contract is comprised of two very important terms namely conditions and warranties. Conditions are those important terms of a contract which if breached entitle the innocent party to exercise certain powers[8]. Hence the innocent party can either cancel the contract or ask the defaulting party to pay damages for the loss or breach of condition. Conditions are classified as a pre condition and subsequent condition. In both the cases they are treated as condition as a whole. In the present case the scenario suggest that the requirement set by Kimiko is a pre condition. The concept of condition can be described with an example. Suppose there is a term that a buyer of a property is entitled to vacant possession it refers to a condition. If the seller is unable to provide vacant possession, the buyer is entitled to repudiate the contract as well as claim for damages. These remedies are usually clearly mentioned in the contract[9]. The procedure that could be suggested to Kimiko is that she should first provide a notice to Mikaela citing that the breach should be made right within a specific time period. If the notice is not complied with, Kimiko can take further recourse. In case Kimiko cancels the contract due to the breach of the condition, she will be entitled to get back any advance money provided by her to Mikaela for the p reparation of the cake. References J. W Carter,Contract Law In Australia(LexisNexis Butterworths, 1st ed, 2013). J. W Carter,Cases And Materials On Contract Law In Australia(LexisNexis Butterworths, 1st ed, 2012). Eugene Clark et al,Contract Law In Australia(Kluwer Law International, 1st ed, 2013). Justin Malbon and Luke Nottage,Consumer Law Policy In Australia New Zealand(Federation Press, 1st ed, 2013). David Echeverry Botero, "Contract Interpretation Law In Australia: It Is A Maze, Not A Straight Way" (2015) 2IUSTA. Greg Marston and Tamara Walsh, "A Case Of Misrepresentation" (2008) 17Griffith Law Review. Charles E Chadman,The Elements Of The Law Of Sales Of Personal Property And Equity Or Chancery Jurisprudence(Bridge Publishing Group LLC, 1st ed, 2009). J. W Carter,Carter's Breach Of Contract(LexisNexis Butterworths, 1st ed, 2011). Neil Andrews,Contractual Duties(Sweet Maxwell, 1st ed, 2011).

Monday, December 2, 2019

The Status of Women free essay sample

A discussion of the changes in womens roles and status in contemporary society. This paper examines the status of women in the U.S. and Middle East. Their role in the political, economic and social world are explored. The climates that are the most favorable to womens emancipation and the factors that hinder their progress are outlined. Since the early 1970s, the types of activism such as consciousness raising groups, have evolved into a wider public acceptance of feminist values. Also prevalent are national womens organizations skilled at influencing government policy, as well as an array of individuals and local groups, from musicians to womens studies programs, celebrating womens uniqueness (Banaszak pg). Although, perhaps the character and definition of the womens movement has changed significantly from its origins in the 1960s to the present day, the womens movement continues to be highly relevant, not only in the United States, but globally as well. We will write a custom essay sample on The Status of Women or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Debates about womens roles and status in reference to politics, the economy and society are constantly occurring at the international level and within other nation states (Banaszak pg). This global context of womens issues is important for understanding the womens movement in the United States. Political activism in other countries can affect the discourse, activism and policy outcomes, as well as the overall vitality of the womens movement in the U.S (Banaszak pg).