CONTRACT LAW ESSAY Example | Topics and Well Written Essays - 2500 words

CONTRACT LAW - Essay Example In the case of Mark and JETS, it can be established that Mark desired and needed the services offered by JETS, specifically, the provisions that (d) a Hamletjet 1000 must be available, and one of a list of designated pilots must be on call, 24 hours a day; (e) all pilots will have a jet at the ready for clients’ use within 30 minutes of receiving a request from a client. Since the stipulations were clear, it is assumed that the offered services are vital and strictly followed by both parties and that any violation of the stipulation would render breach of contract or even economic loss on the part of Mark. In the instance that Mark needed a Hamletjet in February 11, and that immediately informed JETS about this need was part and covered by the contract. It is expected that in 30 minutes, the Hamletjet will be available for Mark. Failure of the JETS to provide a transport for Mark is a breach of the stipulations. Inducing Breach of Contract Under the doctrine of substantial per formance, Lord Mansfield indicated that in common law, it is a term in the contract that creates an obligation to be performed by one party to the contract, and subsequently, further obligation arises on the side of the other party (The Modern Law Review, 1975). The condition upon which the entire contract, or as a whole, becomes dependent on the conditions indicated on the contract, of which two had been violated by JETS in the disadvantage of Mark. It should be noted that no further agreement was taken after the failure to deliver on the part of JETS. Had the two parties – Mark and JETS – met and discussed to create a new agreement, the case could have taken the route of Hughes v Metropolitan Railway Co., of which Lord Cairns stated that: It is the first principle upon which all courts of equity proceed, that if parties, who have entered into definite and distinct terms involving certain legal results, afterwards by their own act or with their own consent enter upon a course of negotiation which has the effect of leading one of the parties to suppose that the strict rights arising under the contract will not be enforced, or will be kept in suspense, or held in abeyance, the person who otherwise might have enforced those rights will not be allowed to enforce them when it would be inequitable having regard to the dealings which have taken place between the parties (Hughes v Metropolitan Railway, 1877). Lord O’Hagan, on the same case mentioned, noted the failure of one party to oblige upon the agreement of both parties, to which, he commented, â€Å"They entered into a covenant: and if they have failed to fulfil their undertaking they must abide the results, however onerous, unless the circumstances excuse their default in the view of a Court of Equity. But if they acted, or failed to act, through a mistake induced by the conduct of the Plaintiff: if they were misled by it into the belief that his strict legal right was abandoned or suspen ded for the time, he cannot be allowed to take advantage of the forfeiture which was so accomplished.† In Lumley v Gye, it had been ruled out that liability depended upon the contracting party having committed an

Race Relations (Black and White) on the Homefront during World WarII Research Paper

Race Relations (Black and White) on the Homefront during World WarII - Research Paper Example Race, racism and race relations have thus been a complicated issue in the history of the United States. This is drawn from the strange institution that slavery created all the way into the civil rights movement in the 1960s. Even during the time America was supposed to be joined as one, in the World War 2, these scarred relations still popped their head, not only abroad on the battle fields but also back home at the home front (Parsons, & O’Brien, 9). One significant factor during the Second World War on the Home front was the Fair Employment Practices (FEPC) implemented in the United States by the US Executive Order number 8802. This required companies with contracts from the government not to discriminate on the basis of religion or race. It was a move intended to help Mostly African Americans, but other minorities to obtain jobs in the home front industry. It was signed by President Roosevelt and stated that there was not supposed to be discrimination in the employment of w orkers in the government or the defense industry based on their race, or creed or color, or the nation from which they draw their ancestry. This order led to numerous strikes and challenges from irate white workers who so it as an infringement on their rights (Garfinkel, 37). African Americans It was later greatly enhanced by another order. Considered one of the most significant breakthroughs for Blacks and women on the job front, it also facilitated great industry in the country at the home front during the war. It was about the same time that the African American Community established the Double V Campaign. It was a campaign based not only on the war on fascism overseas during the war, but also on racism too at home. There was a large number of mostly poor Southerners who moved to munitions centers for the recruitment process. The tension that was at these centers was very high. Cities like Detroit, Chicago and Harlem were mostly the focal points of this tension. In 1943, they exp erienced very violent race riots. It was at this time that the Pittsburgh Courier came up with the Double V Campaign (Wynn, 60). The gist of the problem back home was mostly based on the complaints by the soldiers at war overseas that they were being treated as second class citizens even during wartime. The Detroit Race riots that broke out in Detroit, Michigan in 1943 took about three days before troops could return order. It was majorly a riot between blacks and whites and caused a lot of destruction. During around this time, the World War II was still on, and tension between blacks and whites in this city had escalated to very high levels. It is ironical that at such times, patriotism is usually said to be at the highest of levels. Since the war began, the populations of the city had gradually grown as a result of the booming defense industries intended to supply the resources for the war at the home front. A lot of African Americans arrived, mostly from the South (Capeci, & Wilk erson, 47). The riots were started by an innocent fight between a black man and a white man. It became a brawl that involved several groups of black men and white men that spilled over to the rest of the city. This confrontation started from a rumor that a black woman had been assaulted by a white man, whereas there was another rumor that stated it was a white woman who had been raped and killed by a black man. Either

Early Modern Poetry, Comparative Analysis Essay

Early Modern Poetry, Comparative Analysis - Essay Example Hers was an arranged marriage that may well have been the reason behind her ideas of love which can be seen in the poems that she has penned. Katherine Philips works were more or less centered on the Society of Friendship where she befriended women who appear a number of times in her works (Carpenter, 2003). According to her writings there seems to be a suggestion by Philips that the love that was between the women was a form of love that was free from corruption and was as pure a form of love that could be attainted. There have been numerous poems that have been written by Katherine Philips about her relationships with women earned a lot of distaste however modern feminists have praised her for the manner in which she has portrayed women. Mary Wroth was born to the first Earl of Leicester, Sir Robert Sidney in 1587. Wroth had a number of writers in her family who may have had an impact on her writing (Louisiana State University Press). Mary was married off to Sir Robert Wroth in 160 4 who was considered to be a favorite in the eyes of King James I. The marriage did not get off the ground and Robert Wroth was known to be a man of immoral standing but he was also a wealthy man. His standing in the king’s court brought some benefits to his wife who was invited to the court more often. Mary Worth wrote the romantic prose The Countess of Montgomeries Urania. The particular poem that will be looked at will be â€Å"Love peruse me, seeke, and finde† (Poetry Foundation). Wroth wrote Urania to relate the story of two lovers, Pamphilia and Amphilanthus. However, some e of the poems were a narrative of the dealings in court and this caused quite a commotion (Millman & Wright, 2005). Mary was also a mistress to her first cousin with whom she had two illegitimate children making her the centre of a lot of criticism (Maggs). Both the poems, Against love and Love peruse me, seeke, and finde are love poems. Katherine Philips wrote her poems in the 1600’s w hile Mary Wroth wrote her pieces in the late 1500’s. The gap between the time when the two women wrote their works is not too much and the lives that both led have affected the manner of writing. Against love by Katherine Philips refers to the romance and love and criticizes the emotion (Reocities). Love here is referred to as Cupid and loves use of cheating toys. Katherine points out that love gives grief’s and paints a picture of joy and pleasure. This poem shows the criticism of love and those who fall into love; there is a critique of those women who allow for a man to take control of their lives through the idea of love and thus put the chains around their own legs (Barash, 1996). There is a constant use of rhymes at the end of each line. The ending word of each line is made to rhyme with the last word of the next line and thus creating a sense of a constant rhythm. The imagery that is portrayed by the poem does not seem to be intense though the thoughts are certa inly provoking. Katherine’s prose uses quite a critical tone and the imagery makes one portray two lovers where the man is both the weaker and the stronger individual in the relationship. A man is one who seems to be a loner and does not seem to share an emotional connection with any particular women. The use of figurative language is quite extensive; the start of the poem is with a metaphor for love with Cupid. The hopes and feelings that follow the idea of love are considered by the writer to be cheating toys. The

Jpurnal free writing Essay Example | Topics and Well Written Essays - 250 words

Jpurnal free writing - Essay Example But of course, for them it was. This was obviously a text for the super elite. But the thing is, over the centuries has reached every common day individual. I think that’s where The Prince’s implications become significant. Other than that, it can be considered even comic if you read it in modern day context, neglecting the way ordinary ‘subjects’ would react to constantly being treated this way. In modern times, and in modern politics, I see a lot of this happening. There are too many people who are involved in some sort of a power struggle rather than carrying out their duties. Policies don’t seem to be made keeping majority interest in mind; rather, it feels as though self preservation is the rule. And that is a concept which is obviously not new. Machiavelli pointed it out centuries ago. I find it interesting to note how when reading it I feel like I am reading a witty political blog.

The role of Internal, External and Forensic Auditors Essay

The role of Internal, External and Forensic Auditors - Essay Example Auditors play a significant role in the deterrence of fraud. They assist in risks detection and monitoring, control and regular testing of internal processes and suitable follow up for the purpose of dealing with weaknesses in the system. There are three types of the audit; these include internal, external and forensic audit (Weightman 2008 p 38). This literature review presents a critical evaluation of the roles of the professionals involved in the three types of audit. An organization’s management decides the role of internal auditors whose objectives are usually different from those of external auditors who are chosen to give an independent report regarding the financial statements (Wholey et al 2004 p 66). They work towards satisfying the requirements of the management. Internal auditing is used by organizations as a strategy to assist the organization to accomplish its objectives. The internal auditors, therefore, are in charge of using the systematic methodology designed by the management to analyze the organizational processes, actions, and events with the main goal of identifying organizational problems and suggesting possible solutions. These are independent authorities that conduct regular checks on an organization’s records and books of accounts depending on the agreed procedures for external auditing. These auditors are usually concerned with attesting that there are no substantial misstatements in the books of accounts (Sawyer et al 2003 p 91). They provide essential information about the efficiency of the in-house controls in regard to financial reports, precision and punctuality in transaction recording, and the precision and wholeness of reports regarding monetary and regulatory issues. They also offer an independent and non-subjective opinion in regard to the activities of an organization, as well as vital information for the maintenance of its risk management processes (Weightman 2008 p 88).

Political attitudes Essay Example | Topics and Well Written Essays - 250 words

Political attitudes - Essay Example In the real world, this is what happens when local and national leaders are campaigning for various positions in the government. Hence, I can say that being in college has enabled me to understand different forms of governance and the expected role of every citizen in any country. This has had a lot of effects in my understanding and interpretations especially in matters of democracy. Through various subjects, I have been able to understand how a democratic republic should be like and the whole essence of a federal government. Secondly, it has changed my mentality and view of that politics a dirty game meant for the powerful in the society. Rather, every minded citizen should vie for any political position and serve the people. College faculty are very effective in indoctrinating students because it is at this level they are exposed to different systems of governance by electing students representatives to represent them in the school administration. Therefore, I believe that it is at this level future leader can define their political

Burma Religion (Burma) Essay Example for Free

Burma Religion (Burma) Essay Since the Myanmar ancient times, there has been full freedom of worship for followers of Burma religions in Myanmar. So many different religions can be practiced in Myanmar. Buddhism is practiced by almost 90 percent of Myanmar religion Burmas population, with the Myanmar Theravada Buddhism School being the most prevalent. It has a firm hold in Myanmars culture along with an observance of animism, or the worship of ancestors (nat). In Myanmar culture, there are many Myanmar festivals and celebrations held that correlate with nat. Nat also has influence on the practice of Myanmar traditional medicine in Myanmar religion Burma. There are other religions in Myanmar, but they are not as widespread as Buddhism and animism. Some of the beliefs found include Christianity (Baptists) in Myanmar hill areas and Muslims. Christianity is practiced by 5.5 percent of Burmese Myanmar, Islam by 3.8 percent Hinduism by 0.5 percent and Animism by 0.2 percent before respectively in Myanmar. Myanmar is a predominantly Theravada Buddhist country. Buddhism reached Myanmar around the beginning of the Christian era, mingling with Hinduism (also imported from India) and indigenous animism in Myanmar. The Pyu and Mon kingdoms of the first millennium were Buddhist, but the early Burmese Myanmar peoples were animists. According to Myanmar religion Burma traditional history, Myanmar King Anawrahta of Bagan adopted Buddhism in 1056 and went to war with the Mon kingdom of Thaton in the south of Myanmar country in order to obtain the Buddhist Canon and learned Myanmar monks in Myanmar religion history. The religious Myanmar tradition created at this time, and which continues to the present day in Myanmar, is a syncretalist mix of what might be termed pure Buddhism (of the Sri Lankan or Theravada school) with deep-rooted elements of the original animism or nat-worship and even strands of Hinduism and the Mahayana tradition of northern India. Islam reached Myanmar at approximately the same time, but never gained a foothold outside the geographically isolated seaboard running from modern Bangladesh southwards to the delta of the Ayeyarwady (modern Rakhine, known previously to the British as Arakan, and an independent kingdom until the eighteenth century) Myanmar. The colonial period saw a huge influx of Muslim (and Hindu) Indians into Yangon and other Myanmar  cities, and the majority of Yangons many mosques and temples owe their origins to these immigrants. Christianity was brought to Myanmar by European missionaries in the 19th century. It made little if any headway among Myanmar Buddhists, but has been widely adopted by non-Buddhists such as the Karen and Kachin in Myanmar. The Chinese contribution to Myanmars religious mix has been slight, but several traditional Myanmar Chinese temples were established in Yangon and other Myanmar large cities in the nineteenth century when large-scale Chinese migration was encouraged by the British. Since approximately 1990 this migration has resumed in huge numbers, but the modern Chinese immigrants seem to have little interest in Myanmar religion Burma. Some more isolated indigenous peoples in the more inaccessible parts of Myanmar country still follow traditional animism. The Roman Catholic Church, Myanmar Baptist Convention and the Assemblies of God of Myanmar are the largest Christian denominations in Myanmar. There are no totally reliable demographic statistics form Myanmar, but the following is one estimate of the religious composition of Myanmar country: Buddhists: 87% Animists: 5% Christians: 4.5% Muslims: 4% Hindus: 1.5% Burma Arts Jamie Therese Jainar The culture of Myanmar has been heavily influenced by Buddhism. More recently, British imperialism has influenced aspects of Burmese culture, such as language and education. More recently, British imperialism has influenced aspects of Burmese culture, such as language and education. Its neighbors, particularly India, China, and Thailand, have made major contributions to Myanmar culture. In more  recent times, British colonial rule and westernisation have influenced aspects of Burmese culture, including language and education. Historically, Burmese art and literature was based on Buddhist or Hindu cosmology and myths. In addition to the traditional arts are silk weaving, pottery, tapestry making, gemstone engraving, and gold leaf making. Temple architecture is typically of brick and stucco, and pagodas are often covered with layers of gold leaf while monasteries tend to be built of wood. Although court culture has been extinguished, popular street-level culture is vibrant and thriving. Drama is the mainstay of this culture, and just about any celebration is a good excuse for a pwe (show). Performances may recount Buddhist legends, or be more light-hearted entertainments involving slapstick comedy, dance, ensemble singing or giant puppets. Myanmar music is an integral part of a pwe; it originates from Thai and emphasizes rhythm and melody. Instruments are predominantly percussive and include drums, boat-shaped harps, gongs and bamboo flutes. The toys of Myanmar are not only for the children but also famous in the world, known as the Marionettes (or) Puppets of Myanmar. It’s a combination of Myanmar Art and Culture, together to show the inner expressions of the Myanmar people. A. The Prehistoric Period c. 1100 BC to 200 BC The Pre historic Period in Burma is known from a limited number of excavations that were carried out in selected rock shelters, caves and other sites along the middle course of the Irrawaddy River. Since Burma even today is sparsely populated, it would not be surprising to find that early cultures in Burma developed in isolation. However, the artifacts uncovered in these digs resemble those in other parts of Southeast Asia indicating that there was meaningful contact over wide areas at a very early date, and the arts in Burma were not isolated even at this early time. This pattern of intra-area contact continued into the later historical periods. Since there are no written records for this early period, we know little about religious practice. However, since the artifacts that have been discovered conform to those used in small-scale societies for animist rituals, it might be presupposed that these early societies practiced a type of Animism. Therefore, Animism, and artifacts associated with its practice, will be discussed as a bridge between this most remote period and contemporary  animist art forms. B. The Pre-Pagan Period Mon and Pyu Urbanism c. 2nd BC – 8 AD During the Pre-Pagan Period there is ample evidence that the lowland peoples in Burma adopted ideas from India as indicated by a few standing structures, numerous excavated foundations, and a wide array of artifacts. These materials were produced for worship in Animism and Hinduism as well as Mahayanna and Theravada Buddhism. The first cities appear throughout central Burma and were directly dependent on extensive irrigation systems. Thus begins the parmountcy of the central region of Burma that continues until the present. The cities occur in well-planned forms that are a combination of indigenous and Indian concepts. Within these cities, the first buildings in non-perishable materials were constructed. These brick and mortar buildings were all used for religious purposes whereas secular buildings, even palaces, continued to be made of perishable materials until the modern era. This dichotomy between the type of material used for construction and the use of the building generally continued through all later developmental periods. Also, at this time, a particular interest develops for two types of religious structures – the Buddhist stupa and the Buddhist temple. Brick foundations of what were most probably the first monasteries are dated to this period. Although the number of images from the Pre-Pagan Period is limited, the diversity of styles and subject matter is generally broader than in later periods. The Mon and Pyu languages are written using alphabets and concepts adopted from India. A Burmese calendar was later created that begins with the fall of the Pyu dynasty in 836 AD. C. The Pagan Period 11th to 13th centuries Classic forms emerged during the Pagan Period for many aspects of Burmese culture, including the economic, political, religious, social, and artistic. These forms were the models used by later Burmese dynasties to create new but related forms, often through slightly modifing their content. Classic architectural forms emerged as embodied in the Shwezigon Stupa and the Ananda Temple that were repeatedly copied by later donors. The styles of sculpture from the Pagan Period were also periodically revived. Theravada Buddhism became the preferred faith and thereafter remained the predominant Burmese religion. The first examples of figurative painting occur on temple walls and employ the Pala style of India and Nepal. Although Pagan ceased  to be the political capital of Burma in the 13th century, the city continued to be a respected religious center and many later monarchs returned to Pagan to endow new foundations or refurbish old ones. D. The Post Pagan Period -14th to 20th centuries After the decline of Pagan, Burma fragmented into a number of small kingdoms that looked back to Pagan for validation and for artistic inspiration. None of these kingdoms rivaled the earlier period in art and architectural accomplishments and all can be seen as â€Å"Pagan writ small†. Pagan buildings were proudly copied, but often with significant modifications. The stupa became the most favored religious building and temples were rarely built. Wooden monasteries constructed on a raised wooden platform largely replaced the brick and stucco monasteries of Pagan. A number of Burmese styles arose, particularly in sculpture, as a result of fewer contacts with India due to the Muslim invasions there and the Muslim destruction of Buddhist religious sites. Burmese styles of painting develop and in the nineteenth century borrow pictorial devices from the West. The Mandalay Style that arose during the latter half of the Post Pagan Period became dominant in central Burma and has continued until the present as the preferred style in Burmese art.