Self Respect Is A Very Powerful Term - 1099 Words

Neel Bhagat ENG 111 September 09, 2015 Self-respect is a very powerful term. Self-respect is something that has to be earned; it has to be earned from you for yourself. Self-respect has to be learned by oneself, nobody is born with self-respect for himself or herself; it’s not an instinct. Many people take pride in their sense of self-respect. Self-respect is a vital part of ones existence. Self-respect is developed throughout a persons lifetime through many different experiences and encounters with other people, oneself and society. According to Merriam-Webster collegiate dictionary the meaning of self-respect is 1: â€Å"a proper respect of oneself as a human being† 2: â€Å"regard for one’s own standing or position†. Self-respect can come in many shapes and forms. There is no mandated definition for this word. It is all what meaning you make of it. Self-respect is essential when it comes to making decisions for one self. The level of self-respect you have for yourself dete rmines how good you are at making judgments for yourself and others. Lets say you are going out to dinner with your friends and your friend is a really cheap as a person, and will make the excuse of saying that he forgot his wallet at home and will ask you to cover for him this time and that he will pay you back whenever he sees you next. Next time you see him you guys go out to a movie and you want him to pay you back, but you have a certain sense of self respect and you don’t want to be the one to remind himShow MoreRelatedCultural Relativism, By Lila Abu Lughod1359 Words   |  6 Pagessee it purely as an act of male oppression—an idea that would be very confounding and offensive to Bedouin women themselves. To say that, in the future, Bedouin women might â€Å"be free to not be veiled† undermines Bedouin culture because it fundamentally misunderstands the practice of veiling, speaking about it in an American context rather than a Bedouin context. So in order to understand the practice of veiling, we must think in terms of cultural relativism, and look at veiling in the context of BedouinRead MoreThe Rastafari Movement: Seeking Understandig1727 Words   |  7 Pagesamongst all, self-respect, self -awareness, and respect for others. I. Introduction a. Attention Getter: Is anyone here familiar with the term Rastafarian? Could you provide some terms that come to mind when you think about Rastas? b. Reason to Listen: Unlike the popular negative conceptions, Rastafarianism is actually a movement that promotes positivity. c. Thesis statement: The Rastafari movement is a positive movement that promotes peace amongst all, self-respect, self -awarenessRead MoreThesis statement: Leadership depends on the leader’s leadership style and there way of1300 Words   |  6 Pagespersonality, talkative, careful and self-disciplined. The leader must also have self-concept with a high self-esteem and a motivation drive which peruses goals that motivates their followers. (McShane pg 382). Leaders should also have integrity, this is when the leaders are truthful and they have a consistency of words and actions. Authentic leadership is very important in a successful leader; the leader must be comfortable and act in a rightful manner with a self-concept that comes from within theRead MoreThe Migram Experiment1309 Words   |  5 Pagespower. The experiment was met with rigid criticism due to a number of inconsistencies and inadequacies from scientific and psychological points of view. The objectivity of the scientific experiment has been met with mixed opinions and reaction in terms of the controversy raised over meaning and ethics of the experiment. In the experiment, the scientist discovered high levels of obedience among the individual and a large percentage of the participants continued administering the electric short becauseRead MoreA Self Directed Learner Is A Successful Student1598 Words   |  7 PagesA self-directed learner is a student who takes ownership of his/her learning and knows what is at stake to learn. A self-directed learner does not need to be instructed to study. A self-directed learner is time concious in delivering assignments. A self-directed learner is a responsible student, matured and takes charge of learning. Intrinsically motivated learner is a student who have the zeal and motivation to learn. The intrinsically motivated student have the passion to learn and the motivationRead MoreInternational Nursing Ethics1550 Words   |  6 Pagesethics in particular for countless reasons. In fact, it voids the very essence of nursing which is care and respect for the patient. Nurses are supposed to take great pains with ensuring patient privacy and with according them respect and honor. Two of the key principles in the Nursing Code of Ethics for Nurses in Australia are the following: Nurses value quality nursing care for all people. Nurses value respect and kindness for self and others. (ANMC (nd), p2) The practitioners above, by doingRead MoreUnited States And Japan s The Five Dimension971 Words   |  4 PagesAvoidance, Masculinity- Feminity, Long-term Orientation, and Indulgence. The five measurements of Hofstede are discussed underneath looking at two nations: Japan and the United States. Power Distance Power distance is a measure used to recognize hierarchy. Geert Hofstede, one of the first researchers to examine what good leadership looks like in different countries, coined the term â€Å"power distance† and defined it as â€Å"the extent to which the less powerful members of organizations accept and expectRead MoreThe League of Nations Was a Great Source for Peace in the 1920s1117 Words   |  5 Pagesfrom around the world. The U.S.A then abandoned its ‘child’ as to social and economic unrest led to a more isolationist foreign policy. Yet the other four main countries continued to support the LofN and formed the council, consisting to the ‘most powerful countries’. The LofN was set up to enforce peace in Europe and the world. It created various mechanisms (tariffs and sanctions) to punish and to reward nations in the name of peace. They would have great success and great failure. The League wasRead MoreThe Public Is Powerful, Complex, And Flawed1693 Words   |  7 PagesIf I have learned anything from this course, it is that the public is powerful, complex, and flawed. The public strives toward an alluring conception of citizenship and freedom, but can easily be undermined when a commanding elite is receiving all the power. As members of the public, we want to feel like we matter. If we cannot see or control the interdependencies of our society, where the community is and where we understand what is going on, then we cannot come together as a public to address theseRead MoreA Successful International Business Manager Essay707 Words   |  3 PagesA successful international business manager comes from a very deliberate schooling According to Gail Cohen’s article â€Å"Characteristics of a Multinational Manager†, multinational managers speak the language. Imagine trying to have daily conversations with potential business partners, clients or e ven employees without being able to speak the language. Having command of the local dialect goes a long ways towards establishing trust and respect. Multinational corporate managers should be â€Å"masters of

Being A Stranger On A Train - 954 Words

One of the social norms I chose to break was talking to a stranger on a train. I chose this social norm due to its simplicity. As I was on the train, waiting to meet my friend at Times Square, I decided to complete the task. As I boarded the train, I observed the vast amounts of civil inattention being displayed on the train. Many people were on the train were on their cell phones, tablets, books, and newspapers. Considering how I rarely take the train, I decided to use this particular opportunity to break the social norm. Fortunately, breaking this social norm led to no negative consequences. At the time, the man was wearing a Syracuse University hoodie, a Knicks snapback . At the same time, he was wearing Nike basketball sweatpants. Immediately, I deducted the man potentially has an interest in basketball. Both articles of clothing were potential indicators he plays basketball, enjoys basketball, likes the Knicks, or attends Syracuse University. His apparel provided a symbol of the culture of basketball and the culture of education. I decided to use these symbols as a way to ignite a hypothesis in my mind in which I planned to use to start the conversation with. My hypothesis was if whether or not asking an open ended question pertaining to the symbols provided will lead a long term conversation with an individual I have no affiliation with. I decided to put my hypothesis to the test. I chose to ask the question: â€Å"So, how about the Knicks?†. The man looked to his left andShow MoreRelatedThroughout Alfred Hitchcock’S Filmography, There Are Conspicuous16 61 Words   |  7 Pagesfilms. His camera work is what captures the subtle elements, one of the most common implicit tropes are the challenge and switch of the gender norms and sexual ambiguity by the Hitchockian characters and it is not the exception in the film Strangers on a Train (1951). The main characters, Bruno Anthony (Robert Walker) and Guy Haines (Farley Granger), do not ever mention their sexual orientation, but it is implied through the camera that they are homosexuals concealing their identities in a criticalRead MoreStrangers on a Train Essay817 Words   |  4 Pagesï » ¿ Strangers on a Train In Strangers on a Train, Hitchcock uses a unique combination of continuity and narration in order to create a fluid story while also drawing the spectator in with suspenseful situations. The spectator becomes immersed in the story because of how well Hitchcock uses these techniques. The spectator is given all the information throughout the story, which helps Hitchcock create suspense because the spectator worries for the characters because they know the entire situationRead MoreGender Roles In Alfred Hitchcocks Rear Window And Strangers On A Train1232 Words   |  5 Pagesfor quite sometime. Women are often portrayed as sexual objects, or delicate individuals; a body with no brain or strength. These traits are easily found within many novels and movies- old and new. In Alfred Hitchcock’s films, Rear Window and Strangers on a Train, Hitchcock begins his films representing women with the same characteristics as stated above. They are very stylish, attractive and presented as s econd-class individuals to males. But after examining these two films, Hitchcock does somethingRead MoreThe Curious Incident Of The Dog In The Night-Time - Original Writing897 Words   |  4 Pages thinking. Christopher knows very little about human beings and their behaviour and gets very confused and frustrated by most conversations. He loves lists, timetables, patterns and the truth. He hates the colour yellow, because of custard, bananas and double yellow lines and he also hates the colour brown because of dirt, gravy and wood. 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The main characters of this novel happen upon one another during a chance encounter on a train. Guy, the protagonist, meets Bruno. Afterward, the two start discussing the problems in their lives, and Guy spills his heart out to Bruno, for â€Å"Bruno was not the ordinary stranger on the train by any means. He was cruel and corrupt enough himself to appreciateRead MoreLiving with Strangers Analysis1219 Words   |  5 PagesB. Living With Strangers In 2011 8,244,910 people were living in one of the United States’ most famous cities: New York. New York has the highest population density in the United States with over 27000 people per square mile and it is estimated that 200 languages are spoken in the city. In a city with so many people, different cultures, and languages converts may have difficulties with growing accustomed to a city full of strangers. 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Internally he struggles with talking to strangers as he feels he cannot trust them enough when he doesn’t know exactly who they are. He also can be wary of trusting his dad after his father kills the neighbor’s dog and lies to Christopher about his mother’s death. Christopher Boone, a fourteen-year-oldRead MoreAnalysis Of Agatha Christie s And Then There Were None 1448 Words   |  6 PagesJournal Number One The book â€Å"And then there were None,† by Agatha Christie, thus far, I feel has an unrealistic plot, but the format and writing style of this story makes it very intriguing to read. I find it odd how ten strangers get a letter from someone they are not too familiar with and regardless of the fact that some of them haven t even meet the host’s, all ten characters decide to accept the invitation to Soldier Island. It seems unrealistic because almost no one would offer you a free vacation

The Lost Duke of Wyndham Chapter Eight Free Essays

And so he kissed her. He couldn’t help it. No, he couldn’t stop it. We will write a custom essay sample on The Lost Duke of Wyndham Chapter Eight or any similar topic only for you Order Now His hand was on her arm, and he could feel her skin, feel the soft warmth of it, and then when he looked down, her face was tilted toward his, and her eyes, deep and blue but so completely unmysterious, were gazing up at him, and in truth there was no way – simply no way – he could do anything in that moment but kiss her. Anything else would have been a tragedy. There was an art to kissing – he’d long known that, and he’d been told he was an expert. But this kiss, with this woman – the one time it should have been art, it was all breathless nerves, because never in his life had he wanted someone in quite the manner he wanted Miss Grace Eversleigh. And never had he wanted quite so much to get it all right. He couldn’t scare her. He had to please her. He wanted her to want him, and he wanted her to want to know him. He wanted her to cling to him, to need him, to whisper in his ear that he was her hero and she’d never want to so much as breathe the air near another man. He wanted to taste her. He wanted to devour her. He wanted to drink in whatever it was that made her her, and see if it would transform him into the man he sometimes thought he ought to be. In that moment she was his salvation. And his temptation. And everything in between. â€Å"Grace,† he whispered, his voice brushing across her lips. â€Å"Grace,† he said again, because he loved saying it. She moaned in response, a soft whimpering sound that told him everything he wanted to know. He kissed her softly. Thoroughly. His lips and tongue found every corner of her soul, and then he wanted more. â€Å"Grace,† he said again, his voice hoarser now. His hands slid around to her back, pressing her against him so he could feel her body as a part of the kiss. She was not corseted under her gown, and every lush curve became known to him, every warm contour. He wanted more than the shape of her, though. He wanted the taste, the smell, the touch. The kiss was seduction. And he was the one being seduced. â€Å"Grace,† he said again, and this time she whispered – â€Å"Jack.† It was his undoing. The sound of his name on her lips, the single, soft syllable – it shot through him like no Mr. Audley ever could. His mouth grew urgent and he pressed her more tightly to his body, too far gone to care that he’d gone hard against her. He kissed her cheek, her ear, her neck, moving down to the hollow of her collarbone. One of his hands moved along the side of her rib cage, the pressure plumping her breast up until the upper curve was so close to his lips, so tantalizingly – â€Å"No†¦Ã¢â‚¬  It was more of a whisper than anything else, but still, she pushed him away. He stared at her, his breath rushed and heavy. Her eyes were dazed, and her lips looked wet and well-kissed. His body was thrumming with need, and his eyes slid down to her belly, as if he could somehow see through the folds of her dress, down, down to the V where her legs met. Whatever he’d been feeling just then – it tripled. Dear God, he hurt with it. With a shuddering groan, he tore his gaze back up to her face. â€Å"Miss Eversleigh,† he said, since the moment called for some thing, and there was no way he was going to apologize. Not for something that good. â€Å"Mr. Audley,† she replied, touching her lips. And he realized, in a single blinding moment of pure terror, that everything he saw on her face, every stunned blink of her eyes – he felt it, too. But no, that was impossible. He’d just met her, and beyond that, he did not do love. Amendment: he did not do the heart-pounding, mind-fogging, overabundance of lust that was so often confused with love. He loved women, of course. He liked them, too, which he was aware made him rather unique among men. He loved the way they moved, and he loved the sounds they made, whether they were melting in his arms or clucking their disapproval. He loved how each one smelled different, and how each moved differently, and how even so, there was something about them all as a group that seemed to brand them together. I am woman, the air around them seemed to say. I am most definitely not you. And thank heavens for that. But he had never loved a woman. And he did not have any inclination to do so. Attachments were messy things, given to all sorts of unpleasantries. He preferred to move from affaire to affaire. It fit his life – and his soul – much better. He smiled. Just a little one. Exactly the sort one would expect from a man like him at a time like this. Perhaps with a little extra tilt in one corner. Just enough to lend some wry wit to his tone when he said, â€Å"You stepped into my room.† She nodded, but the motion was so slow he couldn’t be sure she even realized she was doing it. When she spoke, there was a certain dazedness to it, as if perhaps she was talking to herself. â€Å"I won’t do it again.† Now, that would be a tragedy. â€Å"I wish you would,† he said, offering her his most disarming smile. He reached out, and before she could guess his intentions, took her hand and raised it to his lips. â€Å"It was certainly,† he murmured, â€Å"the most pleasant welcome of my day here at Belgrave.† He did not let go of her fingers as he added, â€Å"I very much enjoyed discussing that painting with you.† It was true. He had always liked the smart women best. â€Å"As did I,† she answered, and then she gave her hand a gentle tug, forcing him to relinquish his hold. She took a few steps toward the door, then paused, turning partway around as she said, â€Å"The collection here rivals any of the great museums.† â€Å"I look forward to viewing it with you.† â€Å"We shall begin in the gallery.† He smiled. She was clever. But just before she reached the door, he called out, â€Å"Are there nudes?† She froze. â€Å"I was wondering,† he said innocently. â€Å"There are,† she replied, but she did not turn around. He longed to see the color of her cheeks. Vermillion, or merely pink? â€Å"In the gallery?† he asked, because surely it would be impolite to ignore his query. He wanted to see her face. One last time. â€Å"Not in the gallery, no,† she said, and she did turn then. Just enough so he could see the sparkle in her eyes. â€Å"It is a portrait gallery.† â€Å"I see.† He made his expression appropriately grave. â€Å"No nudes, then, please. I confess to a lack of desire to see Great-Grandfather Cavendish au naturel.† Her lips pressed together, and he knew it was with humor, not disapproval. He wondered just what it would take to nudge her further, to dislodge the laughter that was surely bubbling at the base of her throat. â€Å"Or, good heavens,† he murmured, â€Å"the dowager.† She sputtered at that. He brought a hand to his forehead. â€Å"My eyes,† he moaned. â€Å"My eyes.† And then, bloody hell, he missed it. She laughed. He was sure that she did, even though it was more of a choking sound than anything else. But he had his hand over his eyes. â€Å"Good night, Mr. Audley.† He returned his hand to its proper place at his side. â€Å"Good night, Miss Eversleigh.† And then – and he would have sworn he’d been prepared to allow her to depart – he heard himself call out, â€Å"Will I see you at breakfast?† She paused, her hand on the outer doorknob. â€Å"I expect so, if you are an early riser.† He absolutely was not. â€Å"Absolutely I am.† â€Å"It is the dowager’s favorite meal,† she explained. â€Å"Not the chocolate and the newspaper?† He wondered if he remembered everything she’d said that day. Quite possibly. She shook her head. â€Å"That is at six. Breakfast is laid at seven.† â€Å"In the breakfast room?† â€Å"You know where it is, then?† â€Å"Haven’t a clue,† he admitted. â€Å"But it seemed a likely choice. Will you meet me here, to escort me down?† â€Å"No,† she said, her voice dipping slightly with amusement (Or exasperation? He couldn’t be sure), â€Å"but I will arrange to have someone else lead you there.† â€Å"Pity.† He sighed. â€Å"It won’t be the same.† â€Å"I should hope not,† she said, slowly shutting the door between them. And then, through the wood, he heard, â€Å"I plan to send a footman.† He laughed at that. He loved a woman with a sense of humor. At precisely six the following morning, Grace entered the dowager’s bedroom, holding the heavy door open for the maid who had followed her with the tray from the kitchen. The dowager was awake, which was no great surprise. She always woke early, whether the summer sun was slipping in around the curtain edges, or the winter gloom hung heavy on the morning. Grace, on the other hand, would have gladly slept until noon if permitted. She’d taken to sleeping with her drapes open since her arrival at Belgrave – the better to let the sunlight batter her eyelids open every morning. It didn’t work very well, nor did the chiming clock she’d installed upon her bedside table years earlier. She thought she would have adapted to the dowager’s schedule by this point, but apparently her inner timepiece was her one rebellion – the last little bit of her that refused to believe that she was, and forever would be, companion to the dowager Duchess of Wyndham. All in all, it was a good thing she’d befriended the housemaids. The dowager might have Grace to start her day, but Grace had the maids, who took turns each morning, slipping into her room and shaking her shoulder until she moaned, â€Å"Enough†¦Ã¢â‚¬  How strange about Mr. Audley. She would never have pegged him for a morning person. â€Å"Good morning, your grace,† Grace said, moving to the windows. She pulled open the heavy velvet curtains. It was overcast, with a light mist, but the sun seemed to be making a good effort. Perhaps the clouds would burn off by afternoon. The dowager sat up straight against her pillows, queenly in her elaborately styled, domed canopy bed. She was nearly done with her series of morning exercises, which consisted of a flexing of the fingers, followed by a pointing of the toes, finishing with a twisting of her neck to the left and right. She never stretched it side to side, Grace had noticed. â€Å"My chocolate,† she said tersely. â€Å"Right here, ma’am.† Grace moved to the desk, where the maid had left the tray before hurrying off. â€Å"Be careful, ma’am. It’s hot.† The dowager waited while Grace arranged the tray on her lap, then smoothed out the newspaper. It was only two days old (three was standard in this region) and had been neatly ironed by the butler. â€Å"My reading glasses.† They were already in Grace’s hand. The dowager perched them on the tip of her nose, taking a gingerly sip of her chocolate as she perused the paper. Grace sat in the straight-back chair by the desk. It was not the most convenient location – the dowager was as demanding in the morning as she was the rest of the day, and would surely have her hopping up and down and across the room to her bed. But Grace was not permitted to actually sit next to the bed. The dowager complained that it felt as if Grace were trying to read over her shoulder. Which was true, of course. Grace now had the newspaper transferred to her room once the dowager was through with it. It was still only two and a half days old when she read it, which was twelve hours better than anyone else in the district. It was strange, really, the things that made one feel superior. â€Å"Hmmm.† Grace tilted her head but did not inquire. If she inquired, the dowager would never tell. â€Å"There was a fire at Howath Hall,† the dowager said. Grace was not certain where that was. â€Å"I do hope no one was injured.† The dowager read a few more lines, then answered, â€Å"Just a footman. And two maids.† And then a moment later: â€Å"The dog perished. Oh my, that is a shame.† Grace did not comment. She did not trust herself to engage in early morning conversations until she’d had her own cup of chocolate, which she was generally not able to do until breakfast at seven. Her stomach rumbled at the thought. For someone who detested mornings as she did, she’d come to adore breakfast fare. If they could only serve kippers and eggs for supper each evening, she’d have been in heaven. She glanced at the clock. Only fifty-five more minutes. She wondered if Mr. Audley was awake. Probably. Morning people never awoke with only ten minutes to spare before breakfast. She wondered what he looked like, all sleepy and rumpled. â€Å"Is something wrong, Miss Eversleigh?† the dowager sharply inquired. Grace blinked. â€Å"Wrong, ma’am?† â€Å"You†¦ chirped.† She said this with considerable distaste, as if handling something with a particularly foul smell. â€Å"I’m so sorry, ma’am,† Grace said quickly, looking down at her hands folded in her lap. She could feel her cheeks growing warm, and she had a feeling that even in the morning light and with the dowager’s diminished vision, her blush would be clearly visible. Really, she should not be imagining Mr. Audley, and especially not in any state of dishabille. Heaven only knew what sorts of inappropriate sounds she would make the next time. But he was handsome. Even when all she’d seen of him was the lower half of his face and his mask, that much had been clear. His lips were the sort that always held a touch of humor. She wondered if he even knew how to frown. And his eyes†¦Well, she hadn’t been able to see those that first night, and that was almost certainly a good thing. She’d never seen anything quite so emerald. They far outshone the dowager’s emeralds, which, Grace was still chagrined to remember, she’d risked her life (in theory, at least) to keep safe. â€Å"Miss Eversleigh!† Grace jerked upright. â€Å"Ma’am?† The dowager pierced with a stare. â€Å"You snorted.† â€Å"I did?† â€Å"Are you questioning my hearing?† â€Å"Of course not, ma’am.† The dowager abhorred the notion that any part of her might be susceptible to the usual impairments of age. Grace cleared her throat. â€Å"I apologize, ma’am. I was not aware. I must have, ehrm, breathed heavily.† â€Å"Breathed heavily.† The dowager appeared to find that as appealing as she had Grace’s earlier chirp. Grace touched a hand lightly to her chest. â€Å"A bit of congestion, I’m afraid.† The dowager’s nostrils flared as she peered down at the cup in her hands. â€Å"I do hope you did not breathe on my chocolate.† â€Å"Of course not, ma’am. The kitchen maids always carry the tray up.† The dowager evidently did not find any reason to ponder that further, and she turned back to her newspaper, leaving Grace alone once more with her thoughts of Mr. Audley. Mr. Audley. â€Å"Miss Eversleigh!† At that Grace stood. This was getting ridiculous. â€Å"Yes, ma’am?† â€Å"You sighed.† â€Å"I sighed?† â€Å"Do you deny it?† â€Å"No,† Grace replied. â€Å"That is to say, I did not notice that I sighed, but I certainly allow that I could have done so.† The dowager waved an irritated hand in her direction. â€Å"You are most distracting this morning.† Grace felt her eyes light up. Did this mean she’d escape early? â€Å"Sit down, Miss Eversleigh.† She sat. Apparently not. The dowager set down her newspaper and pressed her lips together. â€Å"Tell me about my grandson.† And the blush returned. â€Å"I beg your pardon?† The dowager’s right eyebrow did a rather good imitation of a parasol top. â€Å"You did show him to his room last night, didn’t you?† â€Å"Of course, ma’am. At your directive.† â€Å"Well? What did he say? I am eager to learn what sort of man he is. The future of the family may very well rest in his hands.† Grace thought guiltily of Thomas, whom she’d somehow forgotten in the past twelve hours. He was everything a duke ought to be, and no one knew the castle as he did. Not even the dowager. â€Å"Er, don’t you think that might be a bit premature, your grace?† â€Å"Defending my other grandson, are we?† Grace’s eyes widened. Something about the dowager’s tone sounded positively malevolent. â€Å"I consider his grace a friend,† she said carefully. â€Å"I would never wish him ill.† â€Å"Pfft. If Mr. Cavendish – and don’t you dare call him Mr. Audley – really is the legitimate issue of my John, then you are hardly wishing Wyndham ill. The man ought to be grateful.† â€Å"For having his title pulled from beneath his feet?† â€Å"For having had the good fortune to have had it for as long as he did,† the dowager retorted. â€Å"If Mr. – oh, bloody hell, I’m going to call him John – â€Å" Jack, Grace thought. â€Å"If John really is my John’s legitimate son, then Wyndham never really had the title to begin with. So one could hardly call it stripping.† â€Å"Except that he has been told since birth that it is his.† â€Å"That’s not my fault, is it?† scoffed the dowager. â€Å"And it has hardly been since birth.† â€Å"No,† Grace allowed. Thomas had ascended to the title at the age of twenty, when his father perished of a lung ailment. â€Å"But he has known since birth that it would one day be his, which is much the same thing.† The dowager grumbled a bit about that, using the same peevish undertone she always used when presented with an argument to which she had no ready contradiction. She gave Grace one final glare and then picked up her newspaper again, snapping it upright in front of her face. Grace took advantage of the moment to let her posture slip. She did not dare close her eyes. And sure enough, only ten seconds passed before the dowager brought the paper back down and asked sharply, â€Å"Do you think he will make a good duke?† â€Å"Mr. Au – † Grace caught herself just in time. â€Å"Er, our new guest?† The dowager rolled her eyes at her verbal acrobatics. â€Å"Call him Mr. Cavendish. It is his name.† â€Å"But it is not what he wishes to be called.† â€Å"I don’t give a damn what he wishes to be called. He is who he is.† The dowager took a long gulp of her chocolate. â€Å"We all are. And it’s a good thing, too.† Grace said nothing. She’d been forced to endure the dowager’s lectures on the natural order of man far too many times to risk provoking a repeat performance. â€Å"You did not answer my question, Miss Eversleigh.† Grace took a moment to decide upon her reply. â€Å"I really could not say, ma’am. Not on such a short acquaintance.† It was mostly true. It was difficult to think of anyone besides Thomas holding the title, but Mr. Audley – for all his lovely friendliness and humor – seemed to lack a certain gravitas. He was intelligent, certainly, but did he possess the acumen and judgment necessary to run an estate the size of Wyndham? Belgrave might have been the family’s primary domicile, but there were countless other holdings, both in England and abroad. Thomas employed at least a dozen secretaries and managers to aid him in his stewardship, but he was no absentee landlord. If he had not walked every inch of the Belgrave lands, she would wager that he’d come close. And Grace had substituted for the dowager on enough of her duties around the estate to know that Thomas knew nearly all of his tenants by name. Grace had always thought that a remarkable achievement for one brought up as he had been, with a constant emphasis on the Wyndham place in the hierarchy of man. (Just below the king, and well above you, thank you very much.) Thomas liked to present to the world the image of a slightly bored, sophisticated man of the ton, but there was quite a bit more to him. It was why he was so very good at what he did, she supposed. And why it was so callous of the dowager to treat him with such a lack of regard. Grace supposed that one had to possess feelings in order to have a care for those of others, but really, the dowager had quite gone beyond her usual selfishness. Grace had no idea whether Thomas had returned the night before, but if he hadn’t†¦well, she wouldn’t blame him. â€Å"More chocolate, Miss Eversleigh.† Grace stood and refilled the dowager’s cup from the pot she’d left on the bedside table. â€Å"What did you talk about last night?† Grace decided to feign obtuseness. â€Å"I retired early.† She tilted the pot back, careful not to drip. â€Å"With your very kind permission.† The dowager scowled. Grace avoided the expression by returning the chocolate pot to its spot on the table. It took her an impressively long time to get it just so. â€Å"Did he speak of me?† the dowager asked. â€Å"Er, not so very much,† Grace hedged. â€Å"Not very much or not at all?† Grace turned. There was only so much interrogation she could avoid before the dowager lost her temper. â€Å"I’m certain he mentioned you.† â€Å"What did he say?† Good heavens. How was she meant to say that he’d called her an old bat? And if he hadn’t called her that, then he’d probably called her something worse. â€Å"I don’t recall precisely, ma’am,† Grace said. â€Å"I’m terribly sorry. I was not aware you wished for me to take note of his words.† â€Å"Well, next time, do so,† the dowager muttered. She turned to her newspaper, then looked up toward the window, her mouth in a straight, recalcitrant line. Grace stood still, her hands clasped in front of her, and waited patiently while the dowager fussed and turned and sipped and ground her teeth, and then – it was hard to believe, but Grace thought she might actually feel sorry for the older woman. â€Å"He reminds me of you,† she said, before she could think the better of it. The dowager turned to her with delighted eyes. â€Å"He does? How?† Grace felt her stomach drop, although she was not certain if this was due to the uncharacteristic happiness on the dowager’s face or the fact that she had no idea what to say. â€Å"Well, not completely, of course,† she stalled, â€Å"but there is something in the expression.† But after about ten seconds of smiling blandly, it became apparent to Grace that the dowager was waiting for more. â€Å"His eyebrow,† she said, in what she thought was a stroke of genius. â€Å"He lifts it like you do.† â€Å"Like this?† The dowager’s left brow shot up so fast Grace was surprised it did not fly off her face. â€Å"Er, yes. Somewhat like that. His are†¦Ã¢â‚¬  Grace made awkward motions near her own brows. â€Å"Bushier?† â€Å"Yes.† â€Å"Well, he is a man.† â€Å"Yes.† Oh, yes. â€Å"Can he do both?† Grace stared at her blankly. â€Å"Both, ma’am?† The dowager began lifting and dropping her brows in alternation. Left, right, left, right. It was a singularly bizarre spectacle. â€Å"I do not know,† Grace said. Quickly. To cut her off. â€Å"Very strange,† the dowager said, returning both of her brows back to where Grace hoped she’d keep them. â€Å"My John could not do it.† â€Å"Heredity is very mysterious,† Grace agreed. â€Å"My father could not do this† – she took her thumb and bent it back until it touched her forearm – â€Å"but he said his father could.† â€Å"Aah!† The dowager turned aside in disgust. â€Å"Put it back! Put it back!† Grace smiled and said with perfect mildness, â€Å"You will not wish to see what I can do with my elbow, then.† â€Å"Good Lord, no.† The dowager snorted and waved toward the door. â€Å"I am through with you. Go see to breakfast.† â€Å"Shall I have Nancy help you dress?† The dowager let out the most amazingly long-suffering sigh, as if a lifetime of aristocratic privilege was just too much. â€Å"Yes,† she agreed gracelessly, â€Å"if only because I can’t bear to look at your thumb.† Grace chuckled. And she must have been feeling especially bold, because she did not even attempt to stifle it. â€Å"Are you laughing at me, Miss Eversleigh?† â€Å"Of course not!† â€Å"Don’t,† the dowager said sharply, â€Å"even think about saying you’re laughing with me.† â€Å"I was just laughing, ma’am,† Grace said, her face twitching with the smile she could not keep contained. â€Å"I do that sometimes.† â€Å"I have never witnessed it.† Said as if this meant it couldn’t possibly be true. Grace could not say any of the three rejoinders that immediately sprang to mind – That is because you are not listening, your grace. That is because I rarely have cause to laugh in your presence. or What of it? So instead she smiled – warmly, even. Now this was strange. She’d spent so much of her time swallowing her retorts, and it always left a bitter taste in her mouth. But not this time. This time she felt light. Unfettered. If she could not speak her mind to the dowager, she didn’t much care. She had too much to look forward to this morning. Breakfast. Bacon and eggs. Kippers. Toast with butter and marmalade, too, and†¦ And him. Mr. Audley. Jack. How to cite The Lost Duke of Wyndham Chapter Eight, Essay examples

Auditing and Assurance Principles and Practice

Question: Discuss about the Auditing and Assurance for Principles and Practice. Answer: Introduction: Fellow and Associates has Health care holdings Group as its audit client and has 100% entities in Total cancer care limited. Tania Fellowes is the audit partner of fellow and Associates conducted some preliminary analysis. If the entity becomes the related entity of the audit client, then the audit firm should identify the current and previous relationships and the interest with the related entity (Eilifsen et al., 2013). This is to be done by taking into account the available safeguards. It is so because this could affect the independence the clients and the ability to continue the audit engagement after the date of the acquisition. Discussion: The audit partner of HCHG (Health care holdings group), which has 100% entity in Total Cancer Care Limited has been asked to undertake an engagement in respect of the linear accelerator. Tania Fellowes has been approached in this regard for providing an opinion that the linear accelerators of TCCL are fit for use. It has been observed by Tania Fellowes that one of the accountant intended to be the part of audit team owns shares in the HCHG. Considering this situation, the Fellow and Associates independence is faced with advocacy threat. Since the accountant to be audit, member team owns shares in the HCHG, which is audit client. There is the most likely chance that the member will promote the clients position to the point that the objectivity of the member would be compromised (Glover et al., 2014). The situation first would also pose familiarity threat to the independence of the Fellowes and Associates. This situation could also lead to self-interest threat, as the audit member is unlikely to criticize his own performed work. He might overlook the unrecorded assets and liabilities discovered during the course of conducting audit. In the second situation, the valuation of the intangibles assets following the acquisition of the shady Oaks hospital by the HCHG is considered material. Moreover, t he valuation is done by the fellow and Associates at different point of time. The threat to the independence of Fellow and Associates arises from materialising. The type of threat using the APES 110 in this regard is self-review threat (Apesb.org.au, 2016). This is so because, fellow and Associates has not properly evaluated the intangibles assets. That is the audit firm did not evaluate the valuation of the intangible assets by the company appropriately. In the second situation, the self-review threat exists because here the audit partner Tania Fellowes would be auditing the balance on which Fellow and associates have placed the valuation. The risks is attributable to the materiality of the intangibles assets. Here, the valuation of the intangible assets involves the valuation of matters that is material to the financial statements (Messier, 2016). The familiarity threat in the first situation would enhance the professional judgement. In order to meet the needs of clients, there is a need to tailor engagement practice. In this case, the documentation of thinking and reasoning is required. All the staffs of the audit firms should be taught to maintain the high level of professional skepticism in all the audit engagements (Kunz et al., 2014). Safeguards are the measures that is taken to eliminate the threats or to reduce them to an acceptable level. The safeguard for reducing the self-interest and advocacy risks would include: The confirmation should be received from the audit clients that they are aware of the referral arrangements. Receiving confirmation from accountant that he or she has no material interest in HCHG Some of the other safeguard that can be taken to reduce the risk of similar independence threats are as follows: The firm may implement procedures and policies so that the quality control of the engagement is monitored (William et al., 2016) The compliance with the policies and procedures should be promoted using a disciplinary mechanism If the valuation of any items in the financial statements, then the audit firms should not provide valuation service to the audit clients. The valuation should be actuarial valuation that is the audit firms should consider key variables. The audit firms should make such arrangement so that the personnel providing such services do not be a part of the audit engagement (Stuart, 2012). Conclusion: Form the analysis of the given case study, which involved the identification of several risk using the knowledge of APES 110. It is concluded that the independence of the audit firm is faced with few potential threats. The self-interest is manifested through the share of ownership of the auditor in the clients entity. The self-review threat observed in the second situation depicts the primary source of value of audit of the financial report. The audit firm is conflicted in the second situation because fellow and associates does not want to expose the problem for the work done by itself or by its audit partner. Reference: Apesb.org.au. (2016). Available at: https://www.apesb.org.au/uploads/standards/apesb_standards/standard1.pdf [Accessed 27 Dec. 2016]. Eilifsen, A., Messier, W. F., Glover, S. M., Prawitt, D. F. (2013).Auditing and assurance services. McGraw-Hill. Glover, S. M., Prawitt, D. F., Messier, W. F. (2014).Auditing assurance services: a systematic approach. McGraw-Hill Education. Kunz, R., Josset, D., Scholtz, H., Motholo, V., Graeme, O. R., Penning, G., Rudman, R. (2014). Auditing Assurance: Principles Practice. Louwers, T. J., Ramsay, R. J., Sinason, D. H., Strawser, J. R., Thibodeau, J. C. (2013).Auditing and assurance services. New York, NY: McGraw-Hill/Irwin. Messier Jr, W. (2016).Auditing assurance services: A systematic approach. McGraw-Hill Higher Education. Stuart, I. (2012).Auditing and assurance services: an applied approach. McGraw-Hill/Irwin. William Jr, M., Glover, S., Prawitt, D. (2016). Auditing and Assurance Services: A Systematic Approach.Auditing and Assurance Services: A Systematic Approach.

Effects Of TV On Children Essays - Classroom, Rooms, Violence

Effects of TV on Children $115 Designer Cosmetic Collection From Cosmetique -- Only $1! Effects of TV on Children Sitting in school, little Jane sits anxiously watching the clock. The teacher is talking to the class, but Jane just can't wait to get home. When the bell finally rings, she runs out of the classroom, and all the way home. After blasting in the house, she runs to turn on the TV. Having nothing more exciting to do, Jane will sit in front of the television until her mom pulls her away for dinner. This is an all to familiar scenario in many American homes today. What many people don't realize are the problems that can develop from young children watching too much TV. Many emerging dilemmas are resulting from this concern. When a young child with a maturing brain sits in front of the TV for several hours every day, it can instigate loss of creativity, impatience, and violence further along down the road. The ability to be creative is an important factor in the development of a young child's mind. By sitting down and watching TV for a couple hours, the child is entertained, but is also not thinking. Information in spoon-fed to them, so when it comes time to read a book in school, some can have a hard time grasping ideas. They are so used to having images flash before them to provide understanding; they have trouble moving their eyes side to side to gather the information for themselves. With the TV in front of them, supplying amusement, they may never stop to think that putting a puzzle together, or reading a book could also be fun. They could actually become dependent on this one source of fantasy, and never bother to create their own. As the child grows older, it is less likely to put effort into playing with other kids, or taking up a hobby. While losing creativity, the child can also gain impatience. By having all the stories and facts plastered clear in front of them, they can easily loose interest sitting in a classroom all day. Even during their favorite TV show, there is a brief change of pace in the story line when a commercial comes on, which is about every seven minutes. Their attention spans are being molded by this continuos interruption, causing them to loose focus easily. Research has shown that teachers today are using many more multimedia devices to capture the students attention. Being so used to seeing information provided by the TV, they are more responsive to learning with it in school, and are more likely to remember it. Many links are showing up in studies between Attention Deficit Disorder (ADD), and watching too much television in elementary children. This disorder is becoming more common in the classroom, where they have a hard time concentrating. Along with losing creativity and gaining impatience, the child is more apt to behave violently. They can slowly learn as it is played repeatedly, that they can get what they want by responding with violence. When they see a character shot, or beat someone up so they can steal their car, they may catch on to the idea. They come to expect it in the real world, and when they do not see it, the world becomes bland. The children then may create the violence that their mind craves. A child may also see a villain on TV, and try to test out his tactics to see if they really do work. In California, a seven-year old boy sprinkled ground-up glass in into the stew his family was to eat for dinner. When asked why he did it he replied "I wanted to see if it would be the same as on TV." In Alabama, a nine year old boy was caught putting rat poison on a box of candy that he was going to give to his teacher due to the bad grades he received on his report card. He responded by saying he got the idea form a TV show he watched the night before. These are certainly startling examples of how television violence can affect a child. Is it surprising to many that statistics show television is the number one after school activity for young children? On an average, kids from six to seventeen watch from three to four hours of TV a day. By the time of graduation, it can add up to 15,000 hours of watching TV, compared to only 11,000 hours of being in school. Growing older, it could result in

Switch Careers The Easy Way With An Online IT Degree Essay Example

Switch Careers The Easy Way With An Online IT Degree Essay Example Switch Careers The Easy Way With An Online IT Degree Essay Switch Careers The Easy Way With An Online IT Degree Essay Essay Topic: Easy While other career fields seem to be constantly shrinking, anything related to computers is more than holding its own. If it’s time for you to undergo a switch in careers, obtaining an online IT degree can help pave the way for a future that is brighter and more stable. Getting an online IT degree is not as difficult as it might sound. While the course work will, of course, be challenging, there are a number of factors that make going for an online degree simply work with most people’s lives much better than traditional college classes. If you’re an adult looking for a change in careers, going to the Internet to obtain a degree in computers or even another field like nonprofit management, makes sense because: This option can give you more choice in regard to schools – A lot of very reputable colleges and universities are now offering online degree programs. It is feasible to obtain an online business degree, a masters in education and even an IT degree from well-known schools all over the country. This path makes working easier – Adults in need of a career change often have to work while they study. Taking classes online provides for more flexibility. This means you can work during the day and take classes in the comfort of your own home at night. Online degrees provide for some cost savings – The incidental expenses associated with pursuing a degree can be greatly reduced by going to class online. Rather than having to pay for a relocation, commuting and so on, online students don’t have to change a thing to obtain the education they want. An online IT degree can provide a way into the computer field. As it continues to grow in demand as other career fields shrink, many people just like you are making the move to take classes from their own computers. Doing so can help create a future that is much more stable and rewarding.

Waterhouse Friderichsen Essay Example | Topics and Well Written Essays - 2250 words

Waterhouse Friderichsen - Essay Example To have a clear description of Waterhouse Friderichsen, a hypothetical client scenario will be used. Other than concentrating on the primary organ affected by Waterhouse Friderichsen, other organs affected by the same will also be discussed. The final section under this medical condition will focus on impacts of healthcare and nursing. The hypothetical case study will be of a 35 year old female patient who was found with signs and symptoms associated with Waterhouse Friderichsen. Majority of cases have been reported in children, but the increased rate of meningococcal infections have led to high incidences of Waterhouse Friderichsen in adults. In many cases, patients with Waterhouse Friderichsen die within 24hrs, but a few have managed to survive beyond 48hrs. Cases of full recovery have also been reported in some regions. This fact proves that the syndrome is not fatal when early diagnosis is made. Worldwide incidences of Waterhouse Friderichsen syndrome are not many, although cases of the condition go unnoticed in many instances (Manchanda et al, 2008). Case Analysis This is a hypothetical case of a 35 year old female patient who got admitted after showing signs of high grade fever accompanied by chills and vomiting over a period of 7days. The patient also had a skin rash on the abdomen and trunk, which appeared on the 5th day of infection. Following admission, the patient developed a hemorrhagic rash. On assessing the family history, there was no any significant information to associate the infection with family history. Medical examination revealed that the patient was unstable, and there was the presence of cyanosis. The patient was febrile with a pulse rate of 90/min and a systolic BP of 70mmHg. Neurological examination revealed positive signs of Kerning and Brudzinski. There were rashes all over the body but predominated on the abdomen and trunk. Collection of CSF was done under aseptic conditions and its processing done under standard bacteriological pr ocedures. Microscopy on CSF was done routinely, and a cell count of 9400/mm3 was reported. Of the total cell count, 86% were polymorphs while 14% were lymphocytes. An increase in CSF proteins to 309mg%, and a decrease in glucose to 20mg% were reported. A Gram stain preparation of the CSF revealed pus cells accompanied with gram-negative diplococcus. CSF cultures were done on MacConkey agar, chocolate agar, and blood agar and incubated overnight. After overnight incubation, there were tiny translucent colonies on blood agar and chocolate agar. Standard bacteriological procedures identified the tinny translucent colonies to be those of Neisseria meningitides. A CT scan conducted on the patient confirmed adrenal hemorrhage, which is present in Waterhouse Friderrichsen syndrome. Antibiotic sensitivity using 5 antibiotics showed no resistance to any of the antibiotics under examination. Antibiotics under examination were sulfamethoxazole, chloramphenicol, ceftriaxone, trimethoprim, and p enicillin. The patient was put on ceftriaxone and steroids but went into a shock. On the third day of admission, water Friderichsen syndrome was reported as the cause of death. Discussion Waterhouse Friderichsen syndrome was reported first in 1911 by Rubert Waterhouse. This syndrome is caused by failure of the adrenal gland due to massive bleeding into the gland. The cause of bleeding is a bacterial infection, most common bacteria being meningococcus Neisseria meningitides. This medical condition presentswith rash, fever, coagulopathy, rash, and shock. During the course of its development, multiple organs are affected, leading to multiple system failure. One significant sign in Waterhouse

Personal Development planning Assignment Example | Topics and Well Written Essays - 1000 words

Personal Development planning - Assignment Example Furthermore, to university students, it is a terrific way to take advantage of all the opportunities that university life has to offer. Alternatively, PDP can be a source of motivation when one’s interest starts to wane (Gosling, 2003). The main processes of the in PDP that help learners think about their study and make plans for the future are; reflection, recording, action planning, executing and evaluating. Reflection is the process of pulling ideas and different thoughts together so as to make sense of a purpose. In recording, one puts down ideas, thoughts and experiences, in order to evidence and understand the process and outcomes of learning. Action planning is setting out a plan, and this likely means achieving the goal. Executing is carrying out the activities which make up the plan of action. Finally, in evaluating one makes sense of what ha or she has been doing (Gosling, 2003). Computing This is a branch of engineering science that deals with the study of computabl e processes and structures with the aid of computers. In this module, students learn how to build and design software and hardware systems for a wide range of purposes; structuring, managing and processing various kinds of information. The study also involves doing performing scientific studies using computers and making operating systems of computers behave intelligently. In teaching this module, the lecturer did his best in using all the available teaching aids; charts, projectors and both the white and black boards. Since the module is more practical than theoretical, there were a lot of lab sessions to practise the skills acquired. Despite the complexity of the module, the lecturer did an admirable job in simplifying it and delivering it in a way that it was easily understandable by the class. The lecturer was positioned to offer close and personal attention to the class due to the relative size of the students. In addition, the students were focused and motivated making a reaso nable number of lectures enjoyable. The lecture’s teaching style was outstanding as he involved the class in the learning process, cracking jokes here and there to make sure that everybody was concentrating. The handouts that were produced concerning the module were clear and the notes well arranged. Mathematics This is the study of structure, quantity, change and space. The module teaches students how to look for patterns and make up with new conjectures. Mathematicians using mathematical skills resolve the falsity and truth of the new conjectures. Mathematics is a more practical than learning unit. It involves a lot of working through problems and exercises. In teaching this module, the lecturer did not use teaching aids, due to the nature of the subject, which based more on calculations than theory. The class for this unit was relatively small due to the general notion that mathematics is difficult and male dominated. Most of the students were male. The lecture opted for t eaching style, which encompasses doing a lot exercises and practises. In addition, to this the handouts that were available for the course were not that clear and their coverage was minimal. Table showing the importance of the above factors on scale of 1 to 10 for the procedural module Procedural module Subject Factors Nature of subject Class layout and constrains Number of students Diversity of students Teaching aids

Sustainable supply chain management discussion Essay

Sustainable supply chain management discussion - Essay Example These parties also happen to be in different countries with different modes of communication (language barrier), time zone, as well as geographical difference (Albrecht 2010). In a situation of this nature, the traditional systems of communication have proven clumsy and highly inefficient to handle the dynamics that has faced businesses. In this regard, there are three approaches in the supply chain management that has proven worthwhile in the life of a business that is collaboration; the supply planning collaboration, Materials planning collaboration, and advanced PO collaboration (Albrecht 2010). In the collaborative relationship, several issues of interest to the companies have been expressed in the pursuit of the collaborative aspect with the various partners concerned. Improvement of the supply chain management can be improved by liaising with the supplier prior to purchase. It has been proven that this kind of collaboration with the suppliers is a recipe for taking the supply c hain of a business to a higher level- it makes response be swift while at the same time significantly reducing the lead times (Ayers 2006). In the collaborative chain management, companies have also devised several method of creating binding linkages with the suppliers by directly assisting the suppliers with technical knowhow and awards so that they can use those practice that can improve their level of production. In this sense, the companies have also entered into long-time agreement with the suppliers so that they cushion themselves from the shock of demand and supplies are presented in nature of business. In this case, we find multinational companies like McDonald collaborating with farmers in countries where they do business for the sole purpose of ensuring that the supply chain is efficient and stable (Ayers 2006). The collaborative approach in the supply chain management comes with a number of benefits both to the company and to the suppliers. It is a common knowledge that i n an economy where there is a tight competition, means of securing unrivalled account is impossible. The result of this situation is that the suppliers are programmed to specific customers and this is also pegged on the value that their target customers give visa vis their competitors. In this case, it should be noted that price alone in the end is not the only competitive criteria and in a collaborative case, there are more things that comes into play than just the price alone (Bevilacqua, Maurizio, and Ciarapica 2012). A case in point is; you engage in a business with a customer who will drop you after a season for another because of the price factor, you are likely to face many dynamics to regain stability of the customers base. This informs on the benefits one can accrue by entering into collaboration, it ensures that the supply chain management becomes predictable. With little regard to the price alone, value and delivery consistency is also achieved in the latter (McClellan 20 07). In addition, it should be noted that collaboration in the supply chain management has a positive effect on the reduction of cost both to the supplier and to the customer. It will be acknowledged that in the initial year assuming that the a company wants to enter into agreement with a supplier, there are many legalities and procedure that has to be followed and met, all these are added cost to the business and to the suppliers. During the beginning of the relationship, much inefficiency comes with first time engagement

Explain The Concept Of Elasticity Of Demand Economics Essay

Explain The Concept Of Elasticity Of Demand Economics Essay There are generally three types of elasticity of demand, which are price, cross-price and income elasticity of demand. These three will be explained individually in order in the following paragraphs. Price elasticity of demand is a measure of the responsiveness of change in quantity demanded of a good/service to a change in price, ceteris paribus. As the law of demand indicates, when the price of a good/service increases, the demand of it will decrease. Conversely, when the price of a product decreases, the demand of the product will increase. However, the extent to which a price change impacts the demand differs widely from produce to product. PED=(change in quantity demanded)/(change in price). If this value is bigger than one, the product is said to be price elastic (price sensitive), whereby a change in price will lead to a greater than proportionate change in quantity demanded. If the PED is smaller than one, the product will be price inelastic (price insensitive), where a percentage change in price will lead to a smaller percentage change in quantity demanded. And when PED=1, the product is unit elastic, where an X% change in price will result in an X% change in quantity de manded. One of the factors that affect the PED is the substitutes and complementary product that a good/service has. And cross-price elasticity of demand measures the responsiveness of demand for good X following a change in the price of a related good Y. For complementary goods, the two goods are in joint demand. That is, the relationship between the price of good Y and quantity demanded for good X will look like a normal demand curve. Goods in joint demand are closely related, and the stronger the relationship between two products, the higher cross-price elasticity of demand will be. A good example would be games and game consoles, as one cannot function without another. And as the price of one increase, the quantity demanded for the complementary good will decrease like any other normal goods due to joint demand, and vice versa. On the otehr hand, with substitute goods such as several competing brands of bread, an increase in the price of one good will lead to an increase in demand for the rival product, as consumers will likely switch to the cheaper product. And conversely a decrease in price of one good will lead to a decrease in demand for the rival product. However when consumers become regular purchasers of a product (effect o f brand loyalty), the cross price elasticity of demand against rival products will decrease. This reduces the substitution effect that causes consumers to swicth to another product when an increase in price occurs, which makes demand less sensitive to price. The result is that firms will potentially be able to charge a higher price, increase total revenue and achieve higher profits. Lastly theres the income elasticity of demand. Another factor that can affect PED would be the price of a good relative to a proportion of ones disposable income; so as ones income changes, the price of the good in terms of a percentage of ones income will change, thus affecting quantity demanded. Income elasticity of demand measures the relationship between a change in quantity demanded for a good and a change in real income.   The income elasticity is calculated by (% change in demand)/(% change in income). For normal goods, as consumers income rises, the quantity demanded will rise. Necessities such as food will have a Income Elasticity of Demand smaller than 1 (whereby a change in income will bring about a less than proportionate change in quantity demanded) and luxury goods such as TV sets will have a Income Elasticty of Demand bigger than 1 (whereby a change in income will bring about a more than proportionate change in quantity demanded). However for inferior goods as consum ers income rises quantity demanded will decrease. Potential examples of inferior goods (this occurs only when there are superior goods available, and only if consumers can afford them) include the demand for low-price foods, cigarettes and alcohol. Discuss why it may be important for a firm to have knowledge of price elasticity of demand: The concept of PED generally help firms decide whether to raise or drop the price of their product in order to maximize revenue. For example, when the PED of a good is inelastic, it would be best to increase the price to maximize revenue; and when the PED is elastic, itd be best to decrease the price to maximize revenue. However this is only a general idea, and simple PED does not take into account of the firms costs, rivalry/substitute goods, etc. The graphs belows shows the effect on revenue with a change in price for price elastic and price inelastic goods respectively. However, firms need to know their products PED in order to alter prices; but how would they know a products PED? Thats when knowledge of PED is needed. Firms would first need to know some factors that may affect PED, and then use that information to evaluate the approxiamte PED of a product. For example, a firm can estimate PED for a product depending on the number of substitutes that exist in the market. The more substitutes in the market, the more elasticthe demand for a product is, because consumers can more easily switch their demand if price of one particular product changes. Firms can also assume the PED of a product by having an idea about the degree of necessity of that particular good/service. Products such as food (bread, rice), or even habitual products such as cigarretes are necessities and tend to have an inelastic demand whereas luxury goods such as TVs will tend to have a much more elastic demand because consumers can make do without these luxuries when their budgets a re limited. Lastly, the firm need to know how cheap their product in terms of a proportion of the consumers income. Goods and services that take up a small proportion of a households income will tend to have an inelastic demand, as a price% rise in that product will make almost no difference for consumers. For example if a newspapers price increased from $1.00 to $1.10, very little people will fuss over this 10% (seemingly large percentage increase) increase in price because it is so insignificant compared to their income, and thus its demand is insentive to price change. So in short, producers need to have sufficient knowledge of PED to determine the PED of their product, which will in turn help them to set prices that can potentially maximize their revenue. Furthermore, PED may help firms to set their policy on price discrimination. The firms will most likely be monopoly suppliers, and may decides to charge different prices for the same product to different segments of the market. Examples of this can be increase in price for peak-hour public transportation, more charge for hotel rooms during public holidays, because the products/services during those time periods have an inelastic demand; or vice versa, firms may decrease the price when the product/service is price elastic, such as unsold plane tickets the week before flight, or out-of-season clothes that wont sell in a clothing store. This concept can actually also be linked back to basic knowledge of the PED, because the time period at which the product is sold is also a factor that can determine the PED of a product. More specifically, concept and knowledge of PED can be applied in some tricky situations: for example, when government imposes indirect taxes on certian products that one firm produces. In this situation, knowing how price elastic the demand of the product is will help the firm to decided whether it is able to pass on the tax (or some of it) onto the consumers. If its goods like cigarretes which has an inelastic PED due to its habitual nature, its likely that firms may decide to pass the tax onto consumers as it will result in only a small decrease in quantity demanded. On the other hand, if its a luxury good such as cars, the firm may decide to not pass any of the tax onto consumers due to the the products elastic demand, because an increase in price can potentially decrease total revenue for a price elastic good, as shown in diagram before. In conclusion, knowldge of PED is very important becaue firms need it in order to determine the PED of products, which then in turn help them to estimate and predict the effect of a change in price on the total revenue.

Landmark Supreme Court Decisions Essay -- essays research papers

Landmark Supreme Court Decisions   Ã‚  Ã‚  Ã‚  Ã‚  About 32 years ago, in December of 1965, a group of adults and students from Des Moines, Iowa gathered to show their dislike towards American involvement in the Vietnam War. They decided to wear black armbands and fast on December 16 and 31 to express there point. When the principals of the Des Moines School System found out their plans, they decided to suspend anyone who took part in this type of protest. On December 16 - 17 three Tinker siblings and several of their friends were suspended for wearing the armbands. All of them did not return to school until after New Years Day. Acting through their parents, the Tinkers and some other students went to the Federal District Court, asking for an injunction to be issued by Iowa. This court refused the idea, forcing them to take the case to the Supreme Court. After hearing their case, the Supreme Court agreed with the Tinkers. They said that wearing black armbands was a silent form of expression and that students do not have to give up their 1st Amendment rights at school. This landmark Supreme Court case was known as Tinker v. Des Moines Independent School District.   Ã‚  Ã‚  Ã‚  Ã‚  From the case of Tinker v. Des Moines Ind. School Board obviously came some conflicting viewpoints about the armbands. The school board said that no one has the absolute right to freedom of expression, where the Tinkers said that only banning armbands and not other political symbols was unconstitutional. The school board said that the armbands were disruptive to the learning environment, where the Tinkers said they were not. Finally, the school board said that order in the classroom, where political controversy should be discussed, is entitled to constitutional protection. The Tinkers believed that the armbands were worn as the students views, and therefore should be constitutionally protected and respected by the school. These were all important arguments in the case.   Ã‚  Ã‚  Ã‚  Ã‚  Personally, I agree with the Supreme Court's decision to uphold the 1st Amendment rights of the students in school. Why shouldn't students have the same rights as other people? If the students wore obscene clothing, ran out of classrooms, or set the school on fire in protest of the war, then yes, I could see disciplinary actio... ...chool districts.   Ã‚  Ã‚  Ã‚  Ã‚  In contrast, the time periods in which these cases took place were very different. In the 1960's, the war in Vietnam was going on, and there were a lot of controversial issues and viewpoints facing students at schools. In the 1980's, the war was over and there weren't as many controversial issues surrounding students' rights. One case involved freedom of expression through a school newspaper, the other through articles of clothing, but the major difference between the two cases were the decisions made by the U.S. Supreme Court. They agreed with the Tinkers in the belief that freedom of expression through armbands was okay. However, they disagreed with Cathy Kuhlmeier's belief in freedom of expression through a so-called public forum. As a student, I believe that freedom of expression is one of our most important rights. Without this right people won't know who we are; they won't understand our generation. Because of the many different definitions of freedom of expression, people will always be in controversy over them. Let's hope that our school district never faces a problem as big as the ones presented in this paper. Landmark Supreme Court Decisions Essay -- essays research papers Landmark Supreme Court Decisions   Ã‚  Ã‚  Ã‚  Ã‚  About 32 years ago, in December of 1965, a group of adults and students from Des Moines, Iowa gathered to show their dislike towards American involvement in the Vietnam War. They decided to wear black armbands and fast on December 16 and 31 to express there point. When the principals of the Des Moines School System found out their plans, they decided to suspend anyone who took part in this type of protest. On December 16 - 17 three Tinker siblings and several of their friends were suspended for wearing the armbands. All of them did not return to school until after New Years Day. Acting through their parents, the Tinkers and some other students went to the Federal District Court, asking for an injunction to be issued by Iowa. This court refused the idea, forcing them to take the case to the Supreme Court. After hearing their case, the Supreme Court agreed with the Tinkers. They said that wearing black armbands was a silent form of expression and that students do not have to give up their 1st Amendment rights at school. This landmark Supreme Court case was known as Tinker v. Des Moines Independent School District.   Ã‚  Ã‚  Ã‚  Ã‚  From the case of Tinker v. Des Moines Ind. School Board obviously came some conflicting viewpoints about the armbands. The school board said that no one has the absolute right to freedom of expression, where the Tinkers said that only banning armbands and not other political symbols was unconstitutional. The school board said that the armbands were disruptive to the learning environment, where the Tinkers said they were not. Finally, the school board said that order in the classroom, where political controversy should be discussed, is entitled to constitutional protection. The Tinkers believed that the armbands were worn as the students views, and therefore should be constitutionally protected and respected by the school. These were all important arguments in the case.   Ã‚  Ã‚  Ã‚  Ã‚  Personally, I agree with the Supreme Court's decision to uphold the 1st Amendment rights of the students in school. Why shouldn't students have the same rights as other people? If the students wore obscene clothing, ran out of classrooms, or set the school on fire in protest of the war, then yes, I could see disciplinary actio... ...chool districts.   Ã‚  Ã‚  Ã‚  Ã‚  In contrast, the time periods in which these cases took place were very different. In the 1960's, the war in Vietnam was going on, and there were a lot of controversial issues and viewpoints facing students at schools. In the 1980's, the war was over and there weren't as many controversial issues surrounding students' rights. One case involved freedom of expression through a school newspaper, the other through articles of clothing, but the major difference between the two cases were the decisions made by the U.S. Supreme Court. They agreed with the Tinkers in the belief that freedom of expression through armbands was okay. However, they disagreed with Cathy Kuhlmeier's belief in freedom of expression through a so-called public forum. As a student, I believe that freedom of expression is one of our most important rights. Without this right people won't know who we are; they won't understand our generation. Because of the many different definitions of freedom of expression, people will always be in controversy over them. Let's hope that our school district never faces a problem as big as the ones presented in this paper.

Business Law Cases Summary

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