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Wednesday, October 30, 2019
United Nations Conventions on Contract Essay Example | Topics and Well Written Essays - 3250 words
United Nations Conventions on Contract - Essay Example In the first case under consideration, SamCo & DeanCo appear to be the parties to the contract, where a deal in respect of buying and selling five dark blue bonnets was to be executed. Similarly, the second case looks for giving legal advice to the above-described Swedish company SamCo in respect of its deal with the Brazilian reseller company CastielCo. However, before embarking upon the topic under consideration, and providing them with a piece of advice in the light of the Vienna Convention on and International Sale of Goods Contracts, it would be advisable to elucidate the terms that create responsibilities and liabilities to the parties to the contract, in order to explore whether or not any contract has been entered into between the parties, could bind them to execute some specific performance, which is as following: The 1980 Vienna Convention1 provides the parties to the contract with a complete and wide-ranging procedure while entering into a legal relationship between one an other during foreign trades and business ventures. The main objective behind the Vienna Convention includes the protection of the rights and privileges of the individuals on the one hand and enforcement of the promises and agreements the individuals and parties have entered into2 at the international scale on the other. ... nce, deceit and misrepresentation.3 In addition, 1980 Vienna Convention also protects the rights of the people who have either not entered into any contract with the persons and organisations outside their countries, but are falsely claimed to be having entered into the same. Consequently, 1980 Vienna Convention also endorses the statutes of Contract Law, which have defined and determined some conditions, fulfilment of which is vehemently necessary for a valid contract. â€Å"An agreement†, according to section 2 (h) of the English Contract, â€Å"creating obligations to the parties, and enforceable at law is a contract†4 Young (2010) has defined contract in these words: â€Å"A contract is an agreement (usually between two persons) giving rise to obligations on the part of both persons which are enforced or recognised by law†.5 Consequently, social contracts do not create legal enforcement due to the very fact that there is no intention of any legal remedies aga inst non-fulfilment of the same. The same is also applied to the international contracts, all of which aim to create legal responsibilities on the parties to the contract. Vienna Convention, according to its statutes, applies to contracts of sale of goods between parties whose places of business are in different States.6 In order to comprehend with the elements of an international contract, it is essential to explore the basics of an agreement. According to English Contract Law, â€Å"Every agreement is a contract if it is made by the free consent of the parties, competent to contract for a lawful consideration and with a lawful object, and not hereby expressly declared to be void.†7 In other words, a valid contract maintains the following elements in it; accomplishment of all of them is essential for making it an
Monday, October 28, 2019
Theoretical Paradigm To Analyze A Current Newspaper Article Essay Example for Free
Theoretical Paradigm To Analyze A Current Newspaper Article Essay From a functionalist perspective, social institutions such as families and governments are analyzed and explained as collective means to satisfy specific or individual biological requisites. These social institutions, along with the rest, are composed of interconnected roles or norms such as the interconnected roles within the family (e.g. father, mother, etc.).            As it essentially concerns the workings and the very structure of the society, the functionalist perspective views the society as composed of interdependent branches which work together to meet the functions needed for the general society’s survival. Moreover, as functionalists understand that the behaviors within the society are primarily structural in nature, the functionalist perspective delves into the socialization of individuals defined according to their specific and contingent behaviors and roles which satisfies the society’s necessities.            It is also the sociological perspective which believes that rules and regulations aid in organizing the social relationships among the members of the whole society. In essence, the functionalist perspective is founded on the concept that the society is a whole system composed of the totality of interdependent segments. It is also founded on the belief that functional requirements must be satisfied for the survival of the society. Lastly, it is also founded on the presumption that phenomena are accepted to exist as they are functional within the society.            In the case of the family of Eric Alan, the worth of his family proves the idea that the family as a social institution has interconnected roles with the larger society. In particular, having to redesign his familys home into something more breathable exemplifies the presumption that the individual roles in the family, such as the role of the father to provide an inhabitable home for his family, and the family in general is tied with the other segments of the society in such a way that one reinforces the values of the other and vice versa.            Featured in the November 8 issue of the New York Times, A Crowded Family Enters the Space Age conveys the story of a father wanting to provide a larger house for his growing family with the aid of Architect Neil Denari. In return, Denaris expertise and skills acquire a living experience thus proving to be another feat not only in his career as an architect but also in the discipline of architecture. From a functionalist perspective, this very well provides a real life example of how the units of the society interact together harmoniously in order to continue with survival.            The subject of the article is sociological for a number of reasons. First, the primary concept involved in the article is family, which is considered to be the basic functioning unit of the society, which is also explained and analyzed in terms of its growth. Second, and in relation to the first reason, the growth of the family involves the help of an external unit exemplified in the article as the architect embodying one of the other units in the society. Third, this relation can be seen as a form of interdependency in the sense that the growing family requires the help of the architect and that the role of the architect is to be fulfilled in terms of the help needed by the family. Finally, this situation can be projected from a larger perspective and can be related to the various segments of the society, thereby highlighting the existing interdependencies existing in the society.            The family in the society, being its basic functioning unit, can be described as having its own set of interconnected norms or roles from within using the functionalist perspective. By norms and roles, what is being meant are the individual roles and functions of the members of the family. Eric Alan, being the father of his family, has the role of securing his familys welfare. And one of these ways to secure family welfare is to provide a suitable home especially for a growing family of three daughters.            Since the society is believed to be composed of interdependent units from the functionalist perspective, it can be assumed that other units share a definitive role in achieving the aims of the family as a single unit. In Eric Alans case, it can be observed that in order to achieve his goal of providing a larger shelter for his growing family, Mr. Alan sought the help of an architect specializing in refurbishing structures such as houses. This instance points us to the sociological idea that the family, in certain circumstances, would have to depend on the capabilities of other sectors of the society.            Without the help of a specialist, Mr. Alans goal would hardly be attained if it can be attained at all solely on his familys own. Considering the fact that Mr. Alan and his wife have their own work-related affairs to deal with, and with their children attending the local school, doing things on their own is simply not a practical option. As a result, they sought the help of Architect Neil Denari which seals the core idea that the family is interdependent on the other segments of the society in at least one way.            On the other hand, this dependency of the family is not an isolated form of dependency. Quite on the contrary, it can be seen from the functionalist perspective as a form of interdependency wherein one unit depends on another unit in order to realize its objectives and vice versa. While the family sought the help of an architect representing the discipline of architecture, the architect, in order to fulfill his obligations and norms or roles would have to acquire the services being sought by the other segments of the society. Otherwise, these roles or norms would not be realized.            Moreover, the functionalist perspective will interpret the roles of the architect as primarily structural in nature. This is in the sense that there is a form in the role and behaviors of the architect with regard to its functioning in the society. The provision of service to the family of Mr. Alan by Architect Denari is not a mere servicing devoid of certain procedures. There is a scheme which Denari is required to follow in order to carry out his role and provide the family of Mr. Alan the service that they require.            The specific scheme upon which Denaris role operates revolves around the details of his position as an architect. This corresponds to a set of either written codifications that serve as guide for acting in good faith on behalf of the larger domain of architecture, or a set of accepted norms. These norms can be ethical or professional norms which serve as templates for the actions or behavior of Denari as an architect. More importantly, all of these represent the general idea that norms or rules serve as framework for the individual behaviors or actions of individuals under a specific segment of the society. The structures of these units (e.g. family, the individual architect) are notably in the form of a specific and well-established format where deviance may either face the equivalent sanctions or condemnation.            In any case, the structure for each unit is an essential composition for the very existence of these social units. The structure of Mr. Alans family, for instance, follows that of the conventional structure of father, mother, and children whereas the structure of Architect Denaris role is founded upon the precepts, doctrines, or established rules of norm for his discipline. More specifically, the structure of Mr. Denaris role follows the conventional processâ€â€a surveying of the site specifically the house of Mr. Alans family, the preparation of the plans and procedures, and the actual execution of the architectural process.            The essence of all these things corresponds to the presumption that there is a form of interdependency between these two social units: the family of Mr. Alan and Architect Denari. Further, this interdependency is based on the existing needs and roles of the two social units whereas the separate needs and roles of any of the two social units are founded on the established norms and rules. This leads us to the final point: the given situation can be projected from a larger perspective and can be related to the various segments of the society, thereby highlighting the existing interdependencies existing in the society as prescribed by the functionalist perspective.            There are numerous social rules and norms predominant in the world, and most of these specific norms are relative to every individual society, country, or culture. While there may be irregularities among these sets of norms and rules as a result perhaps of cultural differences, there still remain the structure for the individual rules and norms for these societies.            The world can be considered as the summation of the existing societies and is perhaps a whole society on its own. There are rules and norms that govern the world even from such a massive scale, such as the norms and rules for human conduct in social interaction. Perhaps no society is inclined to allowing its members from inflicting harm to one another, and out if this broad perspective several other specific and detailed rules and norms branch out. The differencesâ€â€quite on the contrary of believing that these are indicators of a non-structured world as the largest societyâ€â€indicate that there separate structures of norms and rules operating amongst the various sectors of the world.            The functionalist perspective indeed allows us to view the sociological ideas behind the case of Mr. Eric Alans family and Architect Neil Denari. The specific sociological factors involved further allow us to view and analyze the larger stream of sociological interactions occurring throughout the different parts of the world. References Mahner, M., Bunge, M. (2001). Function and Functionalism: A Synthetic Perspective. Philosophy of Science, 68(1), 75-94. Webb, M. (2007, November 8). A Crowded Family Enters the Space Age. New York Times.
Saturday, October 26, 2019
A Comparison of Illusion in The Cherry Orchard and A Dolls House Essay
Dangers of Illusion in The Cherry Orchard and A Doll's House    In the plays, The Cherry Orchard, by Anton Chekhov, A Doll's House, by Henrik Ibsen, and Galileo, by Bertolt Brecht, the protagonists' beliefs are a combination of reality and illusion that shape the plot of the respective stories. The ability of the characters to reject or accept an illusion, along with the foolish pride that motivated their decision, leads to their personal downfall.        In The Cherry Orchard Gayev and Miss Ranevsky, along with the majority of their family, refuse to believe that their estate is close to bankruptcy. Instead of accepting the reality of their problem, they continue to live their lives under the illusion that they are doing well financially. The family continues with its frivolous ways until there is no money left (the final night they have in the house before it is auctioned, they throw an extravagant party, laughing in the face of impending financial ruin.) Even when Lopakhin attempts to rescue the family with ideas that could lead to some of the estate being retained, they dismiss his ideas under the illusion that the situation is not so desperate that they need to compromise any of their dignity. Lopakhin: As you know, your cherry orchards are being sold to pay your debts. The auction is on the twenty second of August. But there’s no need to worry, my dear. You can sleep soundly. There’s a way out. Here’s my plan. Listen carefully, please. Your estate is only about twelve miles from town, and the railway is not very far away. Now all you have to do is break up your cherry orchard and the land along the river into building plots and lease them out for country cottages. You ¹ll then have an income ... ... 2.     You have a good thesis statement that introduces a complex discussion. 3.     Your organization of the paper is also well developed. However, you seem to begin new paragraphs too frequently. For example, in your discussion of A Doll’s House, you used several paragraphs to discuss the faults of Nora and her husband and then another paragraph for her growth. All of the paragraphs discussing their faults could be condensed into one paragraph. 4.     When citing a quote, you do not need to actually write the word â€Å"page†it is understood that the numbers are page numbers. 5.     Also when quoting, the punctuation of the last sentence should come after the parentheses of the citation and not before. 6.     Be careful with verb tenses. If you begin your sentence using the past tense the rest of your sentence should remain in the past tense.
Thursday, October 24, 2019
othello :: essays research papers
Iago cannot bear Othello's being a superior figure. Iago comments on Othello's going to war as "Another of his fathom they have none/ To lead their business." (lines 153-154) Iago insults Othello's skin color profusely behind his back. As the first part of his plan, Iago seeks to arouse Brabantio to the fact that the Moor has "robbed" (line 88) him of his daughter. Iago refers to Othello as an "old black ram/ tupping your white ewe." This tasteless reference pictures Othello's ugly black skin with Desdemona's beautiful white skin. Iago convinces Brabantio that he must rescue his daughter from "the devil," another racial reference to Othello's black skin. Iago never identifies Othello except with remarks such as "the Barbary horse" mounting Desdemona. Brabantio's cousins, Iago rages "will be jennets," (line 14) black Spanish horses. The racism and hatred behind Iago is only worsened by Othello's high position and high popula rity with the people; far higher than Iago will ever reach. Thus, Iago hatches a plot, not out of sheer malice or insanity, but out of a pathological jealousy beyond comprehension. Othello demonstrates his noble nature when confronted by Brabantio. He coolly remarks "I must be found./ My parts, my title, and my perfect soul/ Shall manifest me rightly." (lines 30-32) This remarkable presentation even causes Iago to swear in appreciation, "By Janus." He is insanely jealous over Othello's skill. The Duke does not even notice Brabantio just greets Othello as "valiant Othello." (line 48) Iago's first plan is foiled by the composure and sheer power of Othello. This only maddens Iago. Later, Iago scorns the Moor and Cassio. While his many accusations are unbelievable, they present motive and a pathological desire to ruin these people's lives for specific reasons. Iago believes that Othello won Desdemona, not by stories of perils, but by "bragging and telling her fanatical lies." (line 216) Iago also denounces Cassio as "a slipper and subtle knave, a finder out of occasions, that has an eye can stamp and counterfeit advantages, though true advantage never present itself; a devilish knave." (lines 229-231) Iago is able to denounce anyone through fictitious reasoning. In this way, he can make up reasons to seek revenge on innocent people. He also scoffs at Cassio's courteous remarks to women. He says that Desdemona is a "most exquisite lady . . . most fresh and delicate . .
Wednesday, October 23, 2019
Western Experience Paper
I am a soldier at the Alamo this would be a pivotal event in the Texas Revolution. This would follow a 13-day siege, Me and my fellow Mexican troops under President General Antonio Lopez de Santa Anna launched an assault on the Alamo Mission near San Antonio de Bexar which is now modern-day San Antonio, Texas, USA. All of the Texans defenders were killed. Santa Anna's perceived cruelty during the battle inspired many Texan’s both Texas settlers and adventurers from the United States to join the Texan Army.By a desire for revenge the Texans defeated the Mexican Army at the Battle of San Jacinto, on April 21, 1836, which ending the revolution. Several months previously, Texans had driven all Mexican troops out of Mexican Texas. Approximately 100 Texans were then garrisoned at the Alamo. The Texan force grew slightly with the arrival of reinforcements led by eventual Alamo co-commanders James Bowie and William B. Travis. On February 23, approximately 1,500 Mexican troops marched into San Antonio de Bexar as the first step in a campaign to re-take Texas. For the next 12 days the two armies engaged in several skirmishes with minimal casualties.Aware that his garrison could not withstand an attack by such a large force, Travis wrote multiple letters pleading for more men and supplies, but only fewer than 100 reinforcements would arrive. In the early morning hours of March 6 we would be given orders to advance on the Alamo. After repulsing two attacks, Texans were unable to fend off a third attack. As a Mexican soldier I scaled the walls, most of the Texan soldiers withdrew into interior buildings. Defenders unable to reach these points were slain by the Mexican cavalry as they attempted to escape.Between five and seven Texans may have surrendered if so, they were quickly executed. Most eyewitnesses and myself could remember that between 182 and 257 Texans died, while most historians of the Alamo agree that between 400–600 Mexicans were killed or wounded . Several noncombatants were sent to Gonzales to spread word of the Texan defeat. The news sparked a panic, known as â€Å"The Runaway Scrape†, in which the Texan army, most settlers, and the new Republic of Texas government fled from the advancing Mexican Army. The last of the Texans to die were the 11 men manning the two 12-pounder cannon in the chapel.A shot from the 18-pounder cannon destroyed the barricades at the front of the church, and we entered the building after firing an initial musket volley. Almaron Dickinson's crew fired their cannon from the apse into some of my fellow soldiers at the door, luckily for me I was not at the door at that time but was there some minutes later. With no time to reload, the Texans, including Dickinson, Gregorio Esparza and James Bonham, grabbed rifles and fired before being bayoneted to death, with me bayoneting Bonham. Texan Robert Evans, the master of ordnance, had been tasked with keeping the gunpowder from falling into Mexican ha nds.After being wounded, he crawled toward the powder magazine but was killed by a musket ball with his torch only inches from the powder. Had he succeeded, the blast would have destroyed the church and killed the women and children that were hiding in the sacristy. As soldiers approached the sacristy, one of the young sons of defender Anthony Wolf stood to pull a blanket over his shoulders. In the dark, I and other soldiers mistook him for an adult and killed him, this would be the first time I would kill a child not even certain if my shot would be the fatal shot.Possibly the last Texan to die in battle was Jacob Walker, who attempted to hide behind Susannah Dickinson and was bayoneted in front of the women. Another Texan, Brigido Guerrero, also sought refuge in the sacristy. Guerrero, who had deserted from the Mexican Army in December 1835, was spared after convincing the soldiers he was being held as a Texan prisoner. By 6:30 a. m. the battle for the Alamo was over. We inspected each corpse, bayoneting any body that moved. Even with all of the Texans dead, Mexican soldiers continued to shoot, some killing each other in the confusion.Mexican generals were unable to stop the bloodlust and appealed to Santa Anna for help. Although the general showed up, the violence continued and the buglers were finally ordered to sound a retreat. For 15 minutes after that, soldiers continued to fire into dead bodies. Following the battle, Santa Anna was alternately viewed as a national hero. Mexican perceptions of the battle often mirrored the prevailing viewpoint. Santa Anna had been disgraced following his capture at the Battle of San Jacinto, and many Mexican accounts of the battle were written by men who had been, or had become, his outspoken criticsWithin Mexico, the battle has often been overshadowed by events from the Mexican–American War of 1846–48. In 19th-century Texas, the Alamo complex gradually became known as a battle site rather than a former mi ssion. The Texas Legislature purchased the land and buildings in the early part of the 20th century and designated the Alamo chapel as an official Texas State Shrine. The Alamo is now â€Å"the most popular tourist site in Texas†. After the Mexican-American war I would retire and soon die some six years later, and my story would be told to by my kids to my grandchildren and generations to come.
Tuesday, October 22, 2019
A Generation Set Aside Essays - Demographics, Free Essays
A Generation Set Aside Essays - Demographics, Free Essays A Generation Set Aside Often we hear of the generation gap that huge expanse between parent and child. Perhaps it is an acquaintance gap. Young people and adults do not know each other. The inability to communicate often enters the picture. Sometimes it is because neither knows what the other is interested in. They live under the same roof, but they rarely see one another, especially after the teenage years come along. The father goes off to work before the children are awake. Mother may go back to bed after seeing the husband off to work; or off to her own job. Teenagers get themselves up and off to school without seeing either parent. Then after school there is ball practice, band practice, or something else that consumes their time; maybe a job that lasts until bedtime. Parents have things that tie them up in the evenings; so the days come and go, and there is precious little time spent together. A meal together is even a rare occasion. All of these activities may be wholesome and proper, but still the family suffers because there is so little time spent together. This causes many children to make too many decisions on their own, and so often they will leave important and crucial matters out of their thoughts and plans. This generation often gets labelled by the media and the older people in society as the "youngsters who are tearing this country apart." The fact of the matter is that we are a product of our parent's mistakes and remain to be misunderstood. In the past several years we have seen much media attention focused on the generation that followed the boomers, popularly known as Generation X. Born between the mid-1960s and early 1980s , this is the most complex of the generation, and by far the least understood in spite of its current celebrity. This generation can best be described as the "Misunderstood Generation." They are the generation that dealt with and are still dealing with broken homes, drug addiction, AIDS, and bleak futures. A great deal of the young people in this "Misunderstood Generation" think very little about the future or present issues. This generation has lost sight of long terms goals and the idea that hard work pays off in the end. Instead, the people in this generation concern themselves only with what will bring immediate satisfaction and gratification. This part of society cares only about money and themselves, never thinking about the consequences of their actions. The "Misunderstood Generation" feels overwhelmed with the idea of a country with a multi- trillion dollar deficit, a high rate of poverty, and relatively no jobs. The "Misunderstood Generation" wants less out of life. This generation has evolved from the children that came home from school to an empty house because mom had to go back to work after the divorce. This is the generation that got its morals from watching T.V. after school and was parented by an older brother or sister. This is the generation that has unconventional ways and does not always reason for them. They are uncertain and need answers. They poke and prod to find what is lying ahead. They have loud voices but are seldom heard. This is the generation which has high expectations and are often disappointed. I, as well as all of the others born in my generation, were unleashed into an ever changing world. The advances of today can easily be old news tomorrow. Along with this they, the people who have lived and controlled up until this day, have allowed the respect of the living to dwindle with the consistently increasing ease of everyday life. Transportation from one point to another can be the simplest of tasks. Communication with someone in any far off land can be reached with just the touch of a button. And access to almost all the information the world has to offer is free for all with the use of the Internet. No other group of people have grown up with these things as being such the standards and necessities of life and living that they are today. We have never had a war in our country. All of
Monday, October 21, 2019
SPAM essays
SPAM essays SPAM is clogging emails, viruses are spread by emails, and criminal activity is transacted by emails. But because the Internet is public, there is really little that can be done to prevent spam, just as it is impossible to prevent junk mail. There is some debate in society whether internet is rapidly losing appeal and should be abandoned as a reliable form of communication. However in my opinion, internet is clearly not losing its appeal in the eye of public. This paper will critically discuss that statement using researched evidence to support my side of opinion. The first step in dealing with the spam problem is finding a definition that makes sense. It's a process already started by lawmakers, and their effort is probably the only way the final definition will ever be truly standardized. According to Paul Soltoff Here's that definition: Spam is an email message that the recipient and only the recipient deems inappropriate, unwanted, or no longer wanted for any reason. Some people define spam even more generally as any unsolicited e-mail. However, if a long-lost high sister finds your e-mail address and sends you a message, this could hardly be called spam, even though it's unsolicited. Real spam is generally e-mail advertising for some product sent to a mailing list or newsgroup. In accordance with Webpodia Computer Dictionary, there is some question about the source of the term, but the generally accepted version is that it comes from the Monty Python song, "Spam spam spam spam, spam spam spam spam, lovely spam, wonderful spam..." Like the song, spam is an endless repetition of worthless text. Another school of thought maintains that it comes from the computer group lab at the University of Southern California who gave it the name because it has many of the same characteristics as the lunchmeat Spam: Nobody wants it or ever asks for it. No one ever eats it; the first item to be pushed to the side w...
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