Friday, November 29, 2019
The Power of Advertisements
Advertising is described as a form of communication that focuses around persuasion as a mode of selling products, services or an idea in terms of ideology. The resultant factor of advertising is to drive consumer behaviour in respect to a product. Advertisement works by branding of an image or name to a product, this in itself causes consumer to associate some qualities to the product in question.Advertising We will write a custom essay sample on The Power of Advertisements specifically for you for only $16.05 $11/page Learn More Advertisement has over the years taken a dramatic metamorphosis that has seen it going global in a matter of seconds; this has been facilitated by the web and the introduction of online advertising. Although advertisement is largely used in a product market as being the best mode of selling in a competitive market, it has been adopted in the world of politics as the surest way of selling oneââ¬â¢s ideology to the masses. In A merica, politics over the years have moved from the conventional way of campaigning where candidates used to move from one state to another to advocate for their manifesto and ideology. Today all it needs for an aspirant is to set up a web page and any one in the world can access it. Campaigners use advertisement as a form influencing the voterââ¬â¢s decision making process. Campaign advertising generally takes two forms; it can take either emotional advertisement that focuses around empathy of the voters by persuasion where a particular person or party tries to be associated with the voterââ¬â¢s grievances. The other form of advertisement takes the form of attack where a person discredits his opponents based on their record or ideas and tries to sell himself and ideas as being the most viable and geared towards elevating the burden of the masses. Attack advertisements are also referred to as smear campaigns although they form the basis of what is referred to as dirty campaign s; they are legal as they criticize the opponent views and ideas as not being viable. Over the years this mode of attack campaign has progressed and moved to a high platform. The most popular and widely watched of this form of advertisement is the head-to-head debate that is viewed by millions across America on the local television channels. Although campaigning dynamics have changed over the past few years, what has remained the same is the fact that most political association or grouping employs the services of political scientists to design their campaign strategies as a means of carrying them towards achieving their goals. The question that arises then from the discussion is how the public view political campaigns and the strategies employed. A good example is a case where people dislike negative campaigns. Such people are of the view that it lucks the gist of being informative thus it is mostly ignored as being untruthful and thus voters cannot relate to.Advertising Lookin g for essay on advertising? Let's see if we can help you! Get your first paper with 15% OFF Learn More Another school of thought is that of the view that positive campaigns although it does not change its ââ¬Å"toneâ⬠may not be truthful and thus it plays on the votersââ¬â¢ vulnerability and emotions rather than the content of the information they are giving. One of the paramount issues that remains in all campaigns is that campaigns are used by politicians to expand their political propaganda which they use to woo voters to their side of the political divide. According to some analyst and journals which are of the view that negative campaigns tend to reduce voters turn out although this may be true in some instances it is crucial to mention that negative campaigns tend to offer the voters with a wide range of information in regard to each candidate policies. This information may tend to be delegated with the purpose of mudslinging their opponents. The process allo ws for accountability as each of the candidates own up for what they have been accused of, which under normal circumstances they would not be obliged to do. The other question that comes to mind in relation to political campaigns in America is the issue of how politicking affects and impacts on the citizen behavior. Although there have not been concrete studies of how and to what effect these political actors use these emotions for their own gain, there is a substantial evidence that they play on voters ignorance or luck of information. For instance, most parties hold conventions and stage various rallies to drum up support for their candidates in areas where they have staunch followers. Based on some analyst social movement elicits sympathy from the voters. Advertising goes hand in hand with media and this has brought a lot of debate as to whether social media influences the voters view and perspective in voting. It is widely believed that most media stations or what we may refer t o as local televisions have been known to tilt the scale for some of the candidates in reference to the time given to a political advertisement to air. It is proven that an advertisement that tends to take long and receives wider coverage tends to be more effective in reassuring and convincing the masses. Media tends to play on voters psychology in terms of opinion polls where a certain candidate may be the most preferred in a certain state although at times this may be true as it may also be used psychologically to capture the undecided voters who mostly constitute the majority of the voters.Advertising We will write a custom essay sample on The Power of Advertisements specifically for you for only $16.05 $11/page Learn More In addition to capturing the voters mind, the media influences the ideas that most candidates give as their ideology, for instance most candidates will always place their promises on the masses demands regardless of whether they ar e viable or not. They try to please the masses; the media comes in as means to which these ideas are transmitted and at times emphasized, whereas the media is supposed to act as the watchdog, at times it forfeits its obligation in favor of certain candidates. Looking at the previous American general election and taking into perspective the You-tube advertisement in particular Barrack Obama ââ¬Å"same pathâ⬠and Senator John Mc Cain advertisement ââ¬Å"problem just became nightmareââ¬â¢. In Mr.Obamaââ¬â¢s advertisement, it is an emotional approach to the issues of tax cut, job employment and tries to highlight the cons of the previous administration based on economic performance where the rich were allowed high tax cut compared to the majority of citizens who basically fall short of that group. This type of advertisement tries to woo the voters by discrediting the previous administration policies and giving alternative options to the voters and show casing how his polici es will reduce the plight of the voters. On John McCainââ¬â¢s advertisement, ââ¬Å"problem just became nightmareâ⬠it takes what we may refer to as a smear campaign because it comes to discredit him as being ignorant and a liar, as each of his policy statement is over written by what he had said earlier or just disputing his own words later. For instance he is quoted in a US daily as saying he is well-endowed in terms of military knowledge than economics and later on in an interview he says that he is a good strategist and economist, on a visit to Iraq, Mr. McCain claims to not using an armored vehicle and that he walked through the city without much security later on we learn that the security he was accorded was massive including being escorted by two black hawk helicopters and Apache gun ship. This sort of advertisement smears his reputation as being a chit. Lastly it is imperative to understand that political campaigns may be used as a means to tackling a mess that has been made in terms of an over statement made by either the candidate or people who are believed to be close to the candidate and who pull weight in terms of voters confidence. A good example is that advertisement of Senator John McCain ââ¬Å"John McCain vs. John McCainâ⬠. The advertisement comes as a means of salvaging an already bad situation to show that Mr.McCain is a straight talker who puts things straight and he accepts his shortcomings.Advertising Looking for essay on advertising? Let's see if we can help you! Get your first paper with 15% OFF Learn More In conclusion, the debate about advertisement playing a key role in American politics will always be there as it is the most efficient means of capturing a massive audience and selling oneââ¬â¢s ideas. Whether it takes a negative or a positive means it remains one of the most successful modes of campaigning. This essay on The Power of Advertisements was written and submitted by user Jacoby Santos to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Monday, November 25, 2019
graham bell essays
graham bell essays Alexander Graham Bell was born on March 3, 1847. He was born in Edinburgh, Scotland, he was educated there and at the University of London. He studied under his grandfather, Alexander Bell, a well known speech teacher. (Robert V. Bruce, Bell) His mother, Elisa Grace Symonds, was a portrait painter and a musician. His father, Alexander Melville, Bell, taught deaf-mutes to speak and wrote textbooks on correct speech. He invented Visible Speech, a code of symbols that indicated position of the throat, tongue, and lips in making sounds. (World Book Bell and his brothers helped their father in demonstrations of Visible Speech, Beginning in 1962. He also became a student-teacher at West House, a boys school in Edinburgh, where he taught music and speech for instruction in other subjects. (World Book Enc. 1991) He became a full-time teacher after studying for a year at the University of Edinburgh. Then he studied at the University of London. (A. G. Bell: Making Connections, 1996) In 1866, he made experiments to find out how vowel sounds are produced. He read a book on acoustics by a German physicist Hermann von Helmholtz, he used notes of electrically driven forks to make vowel sounds. That gave him the idea of telegraphing even though he had no idea how to do it. (World Book Enc., 1991) Bad things started to happen to the family. Grahams younger brother died of tuberculosis, and his older brother died also by the same disease in 1870. The doctor told his father that Graham was in danger too, but his father gave up his job and moved to Brantford, Ontario, Canada, where his father found a healthy climate for them. He soon recovered in health. (Our Foreign Born Citizens, In 1972, Bell opened a school for the teachers of the death. The next year he became a professor at Boston College. After a while of working on the p...
Thursday, November 21, 2019
PHILOSOPHY QUESTIONS Essay Example | Topics and Well Written Essays - 1750 words
PHILOSOPHY QUESTIONS - Essay Example Furthermore, it is immoral for a society to condemn behavior in individuals that does not harm society or other individuals. 2. Find differences between individuality and the uniform type of personality. What conditions are necessary to develop individuality? Individuality depends on freedom, particularly of expression. (Mill 193) Mill also promotes eccentricity in oneââ¬â¢s habits and states that in doing so, one will create his life to suit himself and thus promote eccentric, but useful, habits to gain status as customs of society. Uniform types of personality, he says, are the result of constriction of this natural form of self-expression and result in stifled ways of thinking. 3. What is the relationship between individuality, diversity, originality, development, and freedom? Mill states that ââ¬Å"The power of compelling othersâ⬠¦.is not only inconsistent with the freedom and development of all the rest, but corrupting to the strong man himself.â⬠(Mill 202). In other words, personal freedom and a disinclination to impose oneââ¬â¢s will on others develops originality and individuality. 4. How does Mill define liberty? How does he perceive human happiness? Mill closely defines human happiness as ââ¬Å"â⬠Pleasure and the absence of pain,â⬠(Mill 99) and is in the essence of his definition of what Utilitarianism is; the pursuit of happiness by mankind as a whole. He states, ââ¬Å"Human beings have faculties more elevated than the animal appetites.â⬠(Mill 100) and that because of these ââ¬Å"higher facultiesâ⬠humans find pleasureââ¬âand thus, happinessââ¬âin the fine arts, especially. Liberty is in the freedom to choose what manner of lifestyle will promote this happiness in the individual, ideally promoting happiness in others, at the same time, but not necessarily. The only form of personal liberty he finds unacceptable is that which infringes on anotherââ¬â¢s liberty. 5. What is virtue by Mill? What is the function of reason and emotions in
Wednesday, November 20, 2019
PTSD in War Veterans Research Paper Example | Topics and Well Written Essays - 1500 words
PTSD in War Veterans - Research Paper Example This paper will analyze several problems encountered by war veterans upon their return to the US, focusing on issues such as Post Traumatic Stress Disorder (PTSD), homelessness and unemployment. War veterans facilitate peace across the globe, but the ironic truth is that they usually have no peace in their lives after returning from missions and combat. Different nations handle war veterans differently; while some nations openly support their veterans via programs initiated by the government, other nations simply ignore their war veterans. Countries across the globe have distinctive holidays, traditions and ceremonies to honor their war veterans (Durboraw 51). For instance, UKââ¬â¢s Remembrance Day held on 11th November honors veterans who died during their service to either the nation or monarch. The US version of this holiday is Veterans Day. Many war veterans find it difficult to settle back in the US and adjust to ordinary life because of their experiences during military conf lict. This section looks at some of the principal difficulties encountered by war veterans after returning to the US. Post Traumatic Stress Disorder The consequences of active service in military or armed forces are sometimes intense and long lasting. Many veterans are subject to diseases and disorders that are directly associated with their military service. One such disorder is PTSD, an acute anxiety disorder, which develops after a person is exposed to an event that causes psychological trauma (Keane and Barlow 124). PTSD develops when persons (war veterans in this case) are exposed to events that threaten their lives or other peopleââ¬â¢s lives, or their psychological, sexual and physical integrity. Such events overwhelm the veteransââ¬â¢ capacity to cope thereby resulting in psychological trauma (PTSD). War veterans primarily face the problem of recounting their original traumas through recurring nightmares and flashbacks. In addition, these veterans also face other serio us difficulties such as increased arousal that results in sleeping difficulties, intense unwarranted anger, hyper vigilance and avoidance of elements associated with the traumatic experiences (Friedman 1288). As a result of the aforementioned symptoms and difficulties, war veteransââ¬â¢ social and occupational functioning, as well as other essential areas of functioning are adversely affected. According to medical practitioners, PTSD is classified under the cluster of anxiety disorders that are characterized by aversive experiences that are considered anxiety-related, behaviors and physiological responses that materialize from exposure to psychologically traumatic occurrence (Keane and Barlow 89). Many war veterans in the US suffer from PTSD at least 30 days after returning home. As a result of all these frequent posttraumatic stress symptoms, war veterans experience substantive disruptions in one or more of the essential areas of their life function. War veterans primarily exper ience high adrenaline responses during military combat, which result in PTSD. PTSD in war veterans results from such over-reactive adrenaline responses that make grave neurological patterns in the brain. These patterns persist long after the occurrence that elicited the fear, making the individual extremely responsive to potential fearful occurrences. As a result, veterans suffering from PTSD are unable to handle stress situations with a
Monday, November 18, 2019
Distance Learning - Possibility and Challenge Essay
Distance Learning - Possibility and Challenge - Essay Example In distance learning, dissemination of learning materials occurs through audio and video streaming. Experts have established that distance depicts the impact of technology in the education system. Just as there are virtual societies formedan online technology has enabled the formation of virtual institutions where students in different parts of the globe can receive real time instruction through compressed video. This mode learning has become very common in different institutions including Simon Fraser University. This paper will address the possibilities and challenges of distance learning. Possibilities Distance learning has emerged as one of the latest mode of learning that presents multiple possibilities. One of the possibilities is that technology can form the link between the students and the instructor, without the students having to attend classes within the institution. Students can have an opportunity to study within the comfort of their homes. The logistics of having to mo ve to school can prove to be a real struggle for the students (Rogers, 2009). However, distance learning saves the students the struggle of attending a specified venue at a specific time. Technology enables the students to access reading material in a virtual classroom environment. Without the necessity of attending classes, distance presents students with a high level of flexibility. Convenience is one of the outstanding aspects of this mode of learning. Learners who rely on this mode of learning have the assurance that they can engage in all the learning activities defined for a certain course in an institution in a different part of the globe. Institutionsenrol students from all the regions of the globe, granting the opportunity to access higher education, but saving the funds required for relocation go a foreign country. Foreign students face multiple challenges as they strive to adopt new learning environments (Rogers, 2009). Students usually need to adapt to a diverse learning environment, but distance learners save themselves from such a hassle. It is possible for students to obtain certifications from the institutions of their choice regardless of the location. Moreover, adopting distance learning helps a learner undergo a transformation to an autonomous learner. Contrary to the class setting, where the instructor offers motivation and reproaches to students depending on their progress, the distance learner is all by himself and knows the instructor in a virtual sense (Rogers, 2009). Whereas other learners engage in active interaction with fellow students and the instructor, getting re-energized and motivated to maximize the learning process, the distance learner needs to have a personal learning initiative and drive. The learner should exhibit a high level of autonomy and individuality, striving to remain focused on maximizing the virtual learning experience (Lau, 2003). Self ââ¬âdiscipline and effective time management skills are of critical impo rtance in developing autonomy. However, this attribute transforms the learner to people exhibiting interest in the learning process. Autonomous students are likely to learn more. The individual realization that an individual has course activities to complete enhances autonomy. In comparison to the full time courses offered by institutions, online courses are much cheaper, because most of the learning expenses catered for in the cumulative school fees do not apply in distance learning. Since
Saturday, November 16, 2019
Contract case study
Contract case study Contract Case Study Contracts are a legal binding agreement made between two or more parties to work on and to accept all the terms binding to it. All business needs to form a contract during its business life cycle. The two important aspects of a contract are the offer and acceptance. The party that makes an offer in a contract is called the offeror and the party who accepts the offer made by the offeror is called the offeree. There are many terms and conditions stated in the contract which have to be accepted by both the parties to enter in to a legal binding contract. The offeror must state his readiness to create a binding contract by accepting the terms to the offeree. The offeree can offer to form a binding contract an individual, group of people and to the public. Offers made to the public are considered as an invitation to treat since it welcomes offers by many people within a stated time in which the offers need to be made. But there is a significant difference among offer and invitation to tre at. The response to an offer is usually acceptance whereas in the case of invitation to treat, the response would be an offer. Invitation to treat is more as an invitation to make an offer by understanding the terms. Invitation to treat helps in getting a variety of offers and therefore increasing the chance to accepting a better and a more profitable contract. In the case study given, Golden Antiques had posted an advertisement on Monday through the internet which had stated For sale, three Victorian style beds, gorgeous, à £5000 each, cash, will brighten up any bed room! This advertisement is an invitation to treat since it was made to the general public and a response to this invitation to treat would be considered as an offer. This relates to the case of Partridge v Crittenden [1968]à ¹ An advertisement by Partridge appeared in the magazine Cage and Aviary Birds, which contained the words quality British, bramble finch cocks, 25 shillings each. Partridge was charged with illegal offering for sale of a wild bird against s.6(1) of the Protection Birds Act 1954 Therefore this will form a unilateral contract since the offer to be in a legal binding contract has been decided by only one party. David, the manager of White Halls Ltd sends an email to Golden Antiques immediately saying that he is interested in buying all three Victorian style beds at the cost of à £4500 each and enquires about any credit facility available upon this purchase. This is an offer made by White Halls Ltd to Golden Antiques. Therefore in the current situation, White Halls is the offeror and Golden Antiques is the offeree. The offeree ( Golden Antiques) must decide upon the offer made by White Halls Ltd and can take any decision since accepting or rejecting the offer is completely in their hands. The reply made by White Halls Ltd must be considered just as a request for information about the terms and other opinion available in the contract. White Halls have not accepted the original terms and cannot be considered to be a counter offer. Therefore a request of information cannot enforce a binding contract. A similar case related to this would be the case of Stevnson, Jacques and Co V McLean [1880]à ² Mclean wrote to Stevenson asking if he wanted to buy iron ore at 40S per ton in cash, and the offer was open till Monday. Stevenson asked if the goods were available on credit. They received no answer. On Monday afternoon they contacted the defendant to accept the offer, but the iron had already been sold to someone else. The plaintiff won the case against McLean Golden Antiques responded to the email sent by White Halls Ltd seeking information about the price and the credit facility being available. Golden antiques in response said the following We are not prepared to sell for less than à £5000 each. Credit facility only available if your guarantor is acceptable to us. Please confirm by close of business today if interested. By stating this Golden antiques have made a counter offer to their initial offer. This counter offer states that the contract can be enforced only at the original price mentioned and their terms. They have taken into consideration about the credit facility and have stated that it is available only if White Halls Ltds guarantor is acceptable to them. They have also mentioned that the acceptance to the counter offer has to be conveyed by Tuesday. Stating the time frame for the acceptance, Golden antiques have made it very clear that the acceptance to this offer will not be accepted after Tuesday and therefore be communicated properly. Counter offer is an offer made against the previous offer by the former offeree after taking into consideration the request of information by the offeror. This counter offer is usually the final offer made in the good interest of both the parties to form a legal binding contract. The counter offer nullifies the previous offer made by the offeree. No contr act can be formed if this counter offer is not accepted by the offeror. A relevant case would be the case of Hyde V Wrench [1840]à ³ Wrench offered to sell his farm for à £1,000 but Hyde declined. He offered à £950 and then Wrench refused to accept. Finally Hyde agreed to buy the farm at old price but Wrench refused, therefore a counter offer destroys the original offer. After providing a counter offer, Golden antiques will now be the offeror and White Halls Ltd will be the offeree. The counter offer will become a legal binding contract if White Halls Ltd accepts the counter offer made by Golden antiques. Golden Antiques have specified that the offer is valid till Tuesday and any acceptance received after this date will not be taken into consideration. This says that they need a response immediately through effective and fast means of communication. The case related to this will be the case of Tin V Hoffman [1873]4 in this case the offeree was specified to reply by post, any method which to be more effective or faster than post was also acceptable. In this case, the offeror had specified the means of communication through which the acceptance had to be communicated. The court ruled that the offeree must accept this technique of communication or the next best alternative to communicate to the offeror. Relating this to the case study, Golden antiques h ave said that the acceptance to the counter offer need to be made by earliest on the Tuesday which made it obvious that a reliable and fast communication was necessary. If this was not communicated properly or was delayed due to a slower means of communication, the offer becomes invalid due to lapse of time. A contract come into existence only when the latest offer or counter offer is accepted. Acceptance conveys that two or more parties have agreed to all the terms and condition specified in the contract. The most important part of acceptance would be the method of communicating. This is important because acceptance is not effective if it is not communicated. The other important aspect of acceptance is that the parties must obey to the way of communication decided upon i.e. if the offeror has specified a means a communication through which the acceptance has to be communicated, it must be followed. This has to be communicated effectively and within the time frame in which the offer will be valid or it will be cancelled due to lapse of time. If revocation is made before the acceptance takes place, the offer will be cancelled. After receiving the counter offer made by Golden antiques, David faxes the acceptance stating his willingness to purchase the three Victorian style beds at à £5000 each. This acceptance letter also includes the letter from Black Halls Ltd, the guarantor for White Halls Ltd which states It is our policy to ensure that our subsidiary, White Halls Ltd remains solvent at all times. This letter of acceptance by the offeree was not transmitted properly and therefore was not received by Golden antiques. A case that relates to this situation will be the case of Felthouse V Bindley [1862]5 Felthouse tried file a case on the basis of breach of contract however Bindley had the case favoured to his side since it was stated that acceptance was not communicated thus a contract was never really formed. David posted his acceptance on the same day at 5pm even when he was aware of the fact that there was a postal strike on that day. David was well aware that the letter of acceptance would not reach the offeror, Golden antiques at the right time. Therefore, David must have opted for a better means of communication which would be reliable, effective and fast. The time frame being given in the counter offer shows the urgency and importance of communicating the acceptance as fast as possible. But posting the letter is considered as being received according to the postal rule thereby leading to forming a legal binding contract. Postal rule apply where the means of communicating the acceptance to the offer is post or telegram. Postal rule states that the acceptance is effective on the date and time at which the letter is posted and not when the letter of acceptance is received. The postal rule ignores the facts of the time taken to deliver the post and any other circumstances such as post b eing lost. The case that satisfies this will be case between Adams V Lindsell [1818]6 because to the wrong address the post by the Lindsell reached Adams by 5th of September. Adams replied back to Lindsell but the letter reached by 8th of October and the time limit was till 7th of October. The defendants argued that the time limit specified had been passed and they didnt heard a reply hence the offer was already lapsed. However if Lindsell would have addressed the first letter correctly then the plaintiffs could have managed to reply back in time. However the plaintiffs won the case since the postal rule was being applied. On the other hand, there are many exceptions to the postal rule. The postal rule does not apply if the method to communicate the acceptance has been specified by the offeror. White Halls Ltd and Golden antiques had initially started communicating through e-mails and ways a very reliable and fast way to communicate among the parties. Golden antiques showing the urgency and the given time frame show that they were expecting a response from White Halls Ltd through e-mail or a fax. This can be seen when Golden antiques said Please confirm by close of business today if interested and can therefore be taken as an exception to the postal rule. The fax sent by White Halls Ltd was not clear and hence the acceptance was not communicated effectively. David from White Halls Ltd must have tried to send through a different fax machine or might try another time. David must have e-mailed the acceptance letter to Golden antiques which was their initial way of communication. This could have been bett er than posting a letter of acceptance when he was assured about the delay which will be caused due to the postal strike. Therefore, the postal is not applicable in the case of White Halls Ltd and Golden Antiques. A similar case would be Entores ltd V Miles far East Corporation [1955]7 In this case it shows that both the parties had instant communication method (that is telex in this case). Entores sued the M E C for breaching from the contract. The court stated that the negotiations were made by telex so instant communication was available. The defendants tired to argue with postal rule, however it was ruled that if acceptance was made on telex then the postal rule wont doesnt apply. Postal rule does not apply in the above detailed case and the acceptance was not communicated. There has been lapse of time and no contract was formed. Therefore the offeror, Golden Antiques is eligible to form a new contract with the third party and has no legal binding contract existing with the previous party. Roger an accountant who has prepared the financial statements for Golden Antiques called up on Wednesday morning saying that he is interested in buying the Victorian style beds. In this situation, Roger is the offeror and Golden Antiques is the offeree. Roger has provided the service of preparing the financial statements are half the cost he usually charges. This is an example of past consideration and a past consideration has no value in the future. There can be no consideration given for an activity performed in the past. Its the parties own will to charge for an activity to be performed and form a contract for which he will get a return from the other party which are agreed upon by the parties. A relevant case here would be the case of Re McArdle [1951]8 the agreement to pay the money was not enforceable as a contract as the work had been completed and the consideration was wholly passed. The offer made by Roger is valid since there has been no contract between Golden Antiques and White Halls Ltd. To accept this offer, Golden Antiques sends a letter of revocation of the offer on Wednesday to David of White Halls Ltd saying that the Victorian style beds are no longer for sale. A revocation is the termination of an offer. Once a revocation has been communicated, the acceptance of an offer will be ignored and is no longer possible. Revocation is an exception to the postal rule and is considered only when revocation is received by the other party. In a situation where offer and revocation was made on the same day, the decision will depend on whether the offer or the revocation was received first. This will be further explained by the case of Byrne Co V Leon Van Tienhoven [1880]? Tienhoven tried to withdraw the offer, they posted the letter by 8th of October which was received by Byrne Co by the 20th of October. It was ruled that the offer couldnt be withdrawn since the acceptance was already into existence due to the postal rule. In this case the time gap between the revocation and offer being received is very small and is therefore harder to judge whether revocation is effective or not. Golden Antiques received the acceptance letter by post at 3:45pm on Thursday and the fax on revocation is received until 4:00pm. In my opinion revocation should be effective since the posting of the letter is not considered as a means to communicate acceptance in this case. Advise on the parties legal position: There are three parties in this case which are Golden Antiques, White Halls Ltd and Roger. The above detailed case shows that there is more evidence in the favour of Golden Antiques than that of David. Golden Antiques have obeyed the terms of forming a contract and on the part of revocation. They have made it clear on the terms of the contract and also have given the time frame in which the other party must respond and give in their acceptance. The advertisement made by Golden Antiques is an invitation to treat. David the manager of White Halls Ltd makes an offer and negotiates the price of the Victorian style beds. But this is rejected by a counter offer made by Golden Antiques to David and specifies the time frame in which he must convey his acceptance. David tried to fax the acceptance letter but due to technical difficulties was unable to do so. He then posted the letter to convey the acceptance which he was well aware of not being able to make on time. This offer was not affective after Tuesday due to lapse of time. David must have used a better means to deliver the acceptance. He could have adopted the initial way of communication which was email. Revocation letter was then sent by Golden Antiques to David of White Halls Ltd stating that the beds are no longer available for sale. According to the postal rule, the revocation has to be received before the acceptance was received. But in this scenario, the postal rule should be ignored since posting a letter was not an acceptable form of communication in a situation with a short time frame. Therefore David will not be able to take any legal action against Golden Antiques. On the contrary, it will be considered as Davids fault of not considering the terms of the contract. Legal advice to the parties: The three parties involved in this case are Golden antiques, White Halls Ltd and Roger the accountant. From the given clear picture of the case above, it is quiet comprehensible that The Golden Antiques side of the case was more convincing as compared to that of David. If the manager of white halls ltd, be likely to sue golden Antiques, they will not be accused for any claims. Golden antiques had made its companys intentions very clear from the very beginning, i.e. when they had first advertised their invitation to treat. David first makes an offer showing his interest towards the purchase of the Victorian style beds, which was immediately rejected by making a counter-offer by golden Antiques. In the offer it was very well stated that if acceptance not conveyed by Tuesday which in turn makes the postal rule irrelevant. When the acceptance sent by fax was not communicated due to transmission errors, David should have used some other means of communication which would have been equall y fast and effective. As the acceptance was not communicated on time the offer has lapsed. Golden antiques then sent a letter stating the revocation of the offer as they had now decided to sell the beds to Roger and are legally contracted with White Halls. Even though the Revocation of the offer was received or conveyed after the receipt of the acceptance letter from David, this will be regarded as Davids fault for not complying with the terms of the offer. Therefore, it is not advisable to take any legal actions against Golden Antiques because the judge verdict will be on the favour of Golden Antiques. TABLE OF CASES Partridge v crittenden {1968} 1 WLR 1204,{1968}2 ALL ER 421,(1968)112 SJ 582 Stevenson,jacques Co v Mclean {1880) 5 QBD 346 Hyde v Wrench (1840) 3 Beav 334 Tin V Hoffman (1873) Felthouse v Bindley (1862) 11 CBNS 869 Adams v Lindsell (1818)1 B Ald 681, {1818} 106 ER 260 Entores Ltd v Miles Far East Corporation {1955} 2 QB 327,{1955} 3 WLR 48,{1955} 2 All ER 493, CA McArdle,Re {1951} Ch 669,{1951} 1 All ER 905, (1951) 95 SJ 651, CA Byrne Co v Van Tienhoven Co (1880) 5 CPD 344 BIBLIOGRAPHY Ewan McIntyre, Business Law, 4th ed. Pearson Longman, 2008 Catherine Elliot Frances Quinn, Contract Law, 7th edition, Pearson Longman, 209 Charles Wild Stuart Weinstein, Smith and Keenans Company Law, 14th edition, Pearson Longman, 2009
Wednesday, November 13, 2019
A Seperate Peace Essay -- essays research papers
A Separate Peace Essay In the novel, A Separate Peace by John Knowles, the protagonist, Gene Forrester ââ¬Å"battledâ⬠within himself to find ââ¬Å"a separate peaceâ⬠and in this process directed his emotions at Phineas, his roommate. Forrester and Phineas formed the illusion of a great companionship, but there was a ââ¬Å"silent rivalryâ⬠between them in Forresterââ¬â¢s mind. Self deceptions in Forrester led him to believe that Phineas was ââ¬Å"out to get himâ⬠(Forrester). Subconsciously Forrester jounced the limb of the tree and forced Phineas to fall and break his leg. Phineas found out the truth of his ââ¬Å"accidentâ⬠with the help of Leper Lepellier and Brinker Hadley, who were friends that attended Devon High School. Gene Forresterââ¬â¢s conflict between his resentment of and loyalty toward Phineasââ¬â¢ personality and athletic abilities was resolved by the death of Phineas. Gene Forrester and Phineas formed an illusion of a great companionship, which was sincere when they jumped from the ââ¬Å"forbiddenâ⬠tree. ââ¬Å"We were the best of friends at that moment,â⬠said Forrester when he remembered the instant (Knowles 10). Forrester ââ¬Å"looked deeperâ⬠into his relationship with Phineas and became jealous of his talents, ââ¬Å"I was beginning to see that Phineas could get away with anything. I couldnââ¬â¢t help envying that a little, which was perfectly normalâ⬠(18). A ââ¬Å"silent rivalryâ⬠was developed between Forrester and in his mind Phineas. Forrester attempted to become ââ¬Å"betterâ⬠than Phineas by studying more and maintaining a highe...
Monday, November 11, 2019
Cultural Assessment of Elderly Chinese Americans
Management of their health and illness issues is also discussed. Cultural assessment theory and an assessment tool are used for he study, and their usefulness, strengths, and weaknesses analyzed. Demographics This cultural assessment is focused on elderly Chinese Americans in Flushing, New York where according to the revised 2010 census reported 56,355 Asians resided, comprising 70. 35% of the total population. Although the census reported on all Asian subgroups combined, it has been determined that most of the population consists of Chinese and Korean immigrants.Studies have also shown that the elderly portion of the population often faces more disparate treatment in relation to health care and that is why this population was chosen for the assessment. Ethnic and Cultural Health Practices Illness and death are usually viewed by elderly Chinese Americans as a natural part of life. Health is equated to finding harmony between the complementary forces of yin and yang. Special foods and herbs are used to restore balance between yin and yang and promote healing.Other common practices include massage, acupuncture, conferring with a medium or spiritualist, and institution, which is a traditional Chinese technique that involves burning an herb called Muggers to facilitate healing. Otherwise, Chinese Americans do not generally have conflict with Western health practices but when an illness is considered shameful, they often will not seek treatment. Bad news regarding diagnosis or prognosis is shielded from the patient by family members because they believe it will make the patient worse medically.With family having such a significant role in decision-making processes, it is imperative to explain and encourage durable power of attorney or other tool used to give power to the person making medical decisions. Religious Belief System Religious practices the Chinese may follow are Confucianism (a philosophy), Taoism, ancestor worship, Buddhism, and Christianity. At one time , atheism was encouraged in mainland China so some patients will say they do not have a religion. Generally, Chinese religion is dualistic and emphasizes yin and yang which are considered the makeup of the Tao.Tao is their ââ¬Ëeternal cosmic principal'. Health and Illness Needs Common illnesses in the Chinese community include diabetes, stroke, hepatitis B, hypertension, tuberculosis, and cancers of the upper GIG tract, lung, liver, and misanthropy, and G-6-PDP deficiency, a condition in which the lack of an enzyme results in anemia. â⬠Chinese men also have a large tendency to smoke. As noted by Eng, et al (2005-2006), ââ¬Å"Up to 65% of men from China smoke. Although there is no true conflict with Western medicine, Chinese Americans often institute traditional remedies before trying Western treatments.That is why they may initially present to the facility in an advanced stage of illness. Management of Health and Illness When managing the health and illness of elderly Chin ese immigrants several factors are involved. Availing health care to those in need is essential to managing the health of Chinese immigrants. Understanding familial roles and relationships is another one of the most important factors because ââ¬Å"culture emphasizes loyalty to Emily and devotion to traditions and puts less emphasis on individual feelingsâ⬠(University of Washington Medical Center, 2007).Another factor is whether the patient understands their medications and the importance of following a regimen. Explaining medications fully and not Judging traditional Chinese remedies involving herbs will help build a bridge between traditional medicine and Western medicine. If the patient is not comfortable with the dosages or uses of their medication, they will most likely be noncompliance. Learning and understanding nonverbal cues will also help because out of respect, Chinese clients will not tell a actor no.Respect is shown by avoiding eye contact or giving small bows whe n authority figures are present. It is also believed emotions must be maintained in stressful times so they may appear stoic. Lastly, be aware that women are modest about being examined by a male and should be asked up front if it is alright for the practitioner to examine them. Language Language has been the crux of many of the problems elderly Chinese Americans encounter on a regular basis. The fact that many of the immigrants do not speak English and there are several dialects spoken, interpretation becomes more difficult.Mandarin is the official spoken language in China but Cantonese, Taiwanese, Taiwanese, and Fussiness are some of the other dialects to name a few. Chinese characters used in writing are the same for all the dialects, characters are used to express words, thoughts and principles. Nutrition An old Chinese saying is that ââ¬Å"Medicine and food share the same sourceâ⬠. Chinese Americans tend to believe food provides certain energies for different parts of the body and grains, fruit, meat, and vegetables must be eaten to maintain a healthy balance. Pork is the preferred meat and rice is the most important food.Hot and old fluids also are considered necessary for healing based on the individual's situation. As noted by University of Washington Medical Center (2007), mirror patient may only prefer to drink only hot liquids (water or tea) when sick or postpartumâ⬠. Hot and cold energies are thought to balance yin and yang Just as light and dark energies do. Herbs are a common part of traditional Chinese diets so it is very important to question clients about their diet in the initial interview for purposes of learning interactions with possible interventions.Literacy and Education For Chinese Americans, education is the leading determinant of health status. Many elderly Chinese, especially the earlier immigrants, did not have formal education and most of them did not speak English (Pariah, et al 2009, p. 7). Compounded with language ba rriers, this group became socially isolated and lacked access to health care. They also participated less in leisure activities other than family planned functions, and had more difficulty finding employment.Thus, most live in poverty and that has harmed them drastically both in mental and physical health. Fortunately, the younger generations of Chinese Americans have been afforded more educational opportunities and help the elders understand and receive treatments otherwise unattainable to them. The Friedman Family Assessment Model The Friedman family assessment model was used in this cultural assessment. It assisted in the collection of identifying data, developmental stage and history of the family, environmental data, family structure, and family functions.Information on family stress, coping, and adaptation was also collected. Overall, the process of the family assessment using Friedman Assessment Tool was a great experience. Knowing the family and building rapport with them wh ile assessing them in various aspects is very helpful regardless of setting. This type of assessment and involvement encourages holistic care of the individual, their family as a group, and the community. The strengths of this assessment model are the in-depth questions and large amount of areas covered.The weakness is that if all parts are not completed, it is difficult to develop an accurate assessment. The lack off good rapport with the family could render the tool understanding of the culture and family functions are key to attaining desired outcomes. Conclusion This cultural assessment was developed through the use of the Friedman family assessment model. It successfully identified data on the family's development, history, environment, health and illness beliefs and practices, religion, cultural beliefs, language, literacy and education issues, and a host of other information.Although it was found that most Chinese Americans still prefer to try traditional remedies first, it w as also found that Western medicine is an option they are open to when available and all else fails. Familial influences and education are the major factors governing health status. Those who are more educated, have better overall health. Elderly Chinese Americans in Flushing, NY will probably always encounter issues with health care because most of them still do not speak English and were never formally educated.Educating this population on their medications and available interventions will improve their quality of life and possibly extend their life spans. It is time stop allowing elderly Chinese Americans to be lost in poverty and suffering needlessly. References 2010 census interactive population search.
Friday, November 8, 2019
How the Dow Jones Industrial Average Is Calculated
How the Dow Jones Industrial Average Is Calculated If you read the newspaper, listen to the radio, or watch the nightly news on television, you have probably heard about what happened in the market today. Its all fine and good that the Dow Jones finished up 35 points to close at 8738, but what does that really mean? What Isà the Dow? The Dow Jones Industrial Average (DJI), commonly just referred to as simply The Dow, is an average of the price of 30 different stocks. The stocks represent 30 of the largest and most widely publicly traded stocks in the United States. The index measures how these companies stocks have traded over the course of a standard trading session in the stock market. It is the second-oldest and one of the most referenced stock market index in the United States.à The Dow Jones Corporation, the administrators of the index, modifies the stocks being tracked in the index from time to time to best reflect the largest and most widely traded stocks of the day. The Stocks of the Dow Jones Industrial Average As of April 2019, the following 30 stocks were constituents of the Dow Jones Industrial Average index: Company Symbol Industry 3M MMM Conglomerate American Express AXP Consumer Finance Apple AAPL Consumer Electronics Boeing BA Aerospace and Defense Caterpillar CAT Construction and Mining Equipment Chevron CVX Oil and Gas Cisco Systems CSCO Computer Networking Coca-Cola KO Beverages Dow Inc. DOW Chemical Industry ExxonMobil XOM Oil and Gas Goldman Sachs GS Banking and Financial Services The Home Depot HD Home Improvement Retailer IBM IBM Computers and Technology Intel INTC Semiconductors Johnson Johnson JNJ Pharmaceuticals JPMorgan Chase JPM Banking McDonald's MCD Fast Food Merck MRK Pharmaceuticals Microsoft MSFT Consumer Electronics Nike NKE Apparel Pfizer PFE Pharmaceuticals Procter Gamble PG Consumer Goods Travelers TRV Insurance UnitedHealth Group UNH Managed Healthcare United Technologies UTX Conglomerate Verizon VZ Telecommunication Visa V Consumer Banking Walmart WMT Retail Walgreens Boots Alliance WBA Retail Walt Disney DIS Broadcasting and Entertainment How the Dow Is Calculated The Dow Jones Industrial Average is price-averaged meaning that it is computed by taking the average price of the 30 stocks that comprise the index and dividing that figure by a number called the divisor. The divisor is there to take into account stock splits and mergers which also makes the Dow a scaled average. If the Dow werent calculated as a scaled average, the index would decrease whenever a stock split took place. To illustrate this, suppose a stock on the index worth $100 splits is split or divided into two stocks each worth $50. If the administrators did not take into account that there are twice as many shares in that company as before, the DJI would be $50 lower than before the stock split because one share is now worth $50 instead of $100. The Dow Divisor The divisor is determined by weights placed on all the stocks (due to these mergers and acquisitions) and as a result, it changes quite often. For example, on November 22, 2002, the divisor was equal to 0.14585278, but as of September 22, 2015, the divisor is equal to 0.14967727343149.à What this means is that if you took the average cost of each of these 30 stocks on September 22, 2015, and divided this number by the divisor 0.14967727343149, youd get the closing value of the DJI on that date, which was 16330.47. You can also use this divisor to see how an individual stock influences the average. Because of the formula used by the Dow, a one point increase or decrease by any stock will have the same effect, which is not the case for all indices. Dow Jones Industrial Average Summary So the Dow Jones number you hear on the news each night is simply this weighted average of stock prices. Because of this, the Dow Jones Industrial Average should just be considered a price in itself. When you hear that the Dow Jones went up 35 points, it just means that to buy these stocks (taking into account the divisor) at 4:00 p.m. EST that day (the closing time of the market), it would have cost $35 more than it would have cost to buy the stocks the day before at the same time.
Wednesday, November 6, 2019
Example Sentences of the Verb Forget
Example Sentences of the Verb Forget As a new English learner, it can be easy to forget the proper tense for irregular verbs. This page provides example sentences of the verb Forget in all tenses including active and passive forms, as well as conditional and modal forms.Ã Every Tense of Forget Base Form forget / Past Simple forgot / Past Participle forgotten / Gerund forgetting Present Simple He often forgets to do his homework. Present Simple Passive The homework is often forgotten by some of the students. Present Continuous I am forgetting my appointment! Present Continuous Passive The appointment is being forgotten, isnt it? Present Perfect Have you ever forgotten an appointment? Present Perfect Passive Has an appointment ever been forgotten? Present Perfect Continuous I have been forgetting to apply conditioner and now my dandruff has come back Past Simple He forgot to come to the meeting. Past Simple Passive The meeting was forgotten by John. Past Continuous They were forgetting about everything when I reminded them of their duties. Past Continuous Passive Everything was being forgotten when I reminded them of their duties. Past Perfect He had forgotten to mention the new employee when I introduced him. Past Perfect Passive The new employee had been forgotten by management when I introduced him. Past Perfect Continuous I had been forgetting to apply conditioner when my hair fell out. Future (will) She will forget it. Im sure! Future (will) Passive It will be forgotten, wont it? Future (going to) She isnt going to forget the appointment. Future (going to) Passive The appointment isnt going to be forgotten. Future Continuous None Future Perfect She will have forgotten everything by the end of next week. Future Possibility She might forget the appointment. Real Conditional If she forgets, I will give her a call. Unreal Conditional If she forgot, I would give her a call. Past Unreal Conditional If she had forgotten, I would have given her a call. Present Modal She should forget about it. Past Modal She must have forgotten about the appointment. Quiz: Conjugate With Forget Use the verb to forget to conjugate the following sentences. Quiz answers are below. In some cases, more than one answer may be correct. _____ you ever _____ an appointment?She _____ it. Im sure!_____ an appointment ever _____?The homework _____ often _____ by some of the students.She _____ everything by the end of next week.If she _____, I would have given her a call.He _____ to come to the meeting last week.The new employee _____ by management when I introduced him.She will _____ it. Im sure!The appointment _____ (not). I promise. Quiz Answers Have forgottenwill forgetHas been forgottenis forgottenwill have forgottenhad forgottenforgothad been forgottenwill forgetisnt going to be forgotten
Monday, November 4, 2019
The habeas laws Essay Example | Topics and Well Written Essays - 2500 words
The habeas laws - Essay Example . The notable ones among these include the Vietnamese war, the war with the Iraqi government under the strong leadership of the famous President Sadam Hussein, the war against Osama bin Laden and his Afghanistan based terrorists group, The Al Qaeda, commonly known as the war on terror are some of the most recognized wars that the America government has fought since the end of the cold wars. The war on terror against the terror group of Afghanistan under the leadership of Osama bin Laden begun as a result of the bombing attacks on the twins tower and world trade center in Washington DC which led to the death of hundreds of people, dozens escaping with injuries of various degrees and thousands around the world grieving for the loss of their loved ones, friends and relatives. Over seven hundred prisoners have been captured In relation to these attacks, a couple of them have been tried and released without fines while some of them, around 169 are still serving jail terms in GITMO, a prison inside a U.S. naval base at Guantanamo Bay, on land leased from the government of Cuba. The bush administration chose on this land for the detention of these prisoners in order to escape the legal challenges that would arise from the supreme courts of America questioning the authenticity for the indefinite detention of the prisoners of war by the bush administration contrary to the requirements of the habeas corpus laws which gives rights to the detainees to be heard before detainment. The habeas corpus laws states that, any persons detained by the government is entitled to a judicial hearing to determine if there is any legal basis for their detention, that is, the law protects any detainee from detention lacking sufficient cause or evidence which is in line with articl e 1, section 9 of the constitution of the united states of America which states that ââ¬Å"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." (Jackson, 2006, 312) This paper will examine the right of habeas corpus in the context of the war on terror on the bid to offer protection to the detainees at GITMO and it origin development and existence in the American and British context today. The general meaning of the right of habeas corpus in the U.S. Constitution The habeas laws found their way into the American constitution through the suspension laws defined in the constitution of the United States of America which included the common laws of England. As a result this law was supported by the enactment of the article 1 section 9, clause 2 of the constitution demanding that ââ¬Å"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invas ion the public safety may require it." (Turner, 2002, 115) Carpenter notes that from the onset of this enactment, the constitution of the united states accords every person an undisputable right to make a plea to the federal courts for the summons of habeas corpus in case of any form of detention filled as pro se cases whereby the government is usually called upon to answer before the court the logical reason behind the arrest and detention of an individual by state authorities (Carpenter, 1902, 25). The habeas laws were then transmitted down to the individual state governments which as well allow their respective citizens to petition the state authorities in their own state courts with respect to their individual state constitutions when they happened to be sentenced by the state authorities. The federal habeas did not apply to those under police custody even up to the time of the war on terrorism. In order to ensure that state courts implement the federal
Saturday, November 2, 2019
NFTS,exfs2,extfs3 Article Example | Topics and Well Written Essays - 250 words
NFTS,exfs2,extfs3 - Article Example NTFS, on the other hand, is very useful in the event where file systems are needed in sharing files with newer Windows systems. Journaling improves data integrity and recovery, especially after unclean system shutdowns. This avoids file system checks which take so long during the next reboot following an unintended shutdown. This is because the changes that occurred since the most recent write to disk are saved and ready to be restored. Journaled file systems guarantee fast crash recovery. The journaled file system also makes it faster to scan a partition and restore a system once the system has failed, unlike non-journaled file systems that take so long. Journaled file system also ensures better performance. A journaled file system is faster due to its codes that are highly optimized (Negus & Caen, 2008). Journaled file systems are usually slower than other file systems. The slowdown is a result of the many operations that have to be performed on the journal every time there is a file system change (EMC Education Services, 2012). Journaled file systems such as Ext.3 have become important especially in Linux distributions, and knowledge of the file system is applied in recovering evidence such as deleted files and file activity. A forensic investigator will, therefore, use the first mode, called the journal to obtain the information pertaining to the activity of the file system. This facilitates the recovery of file content, with an added advantage of recovering metadata activity on the file system (Easttom, 2011). In conclusion, journaling of file systems has proved to offer more advantages, thus the suitability in forensics and investigations. Its suitability in the restoration of systems after unintended shutdowns has been a great
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