Asian History and Culture

Disrespect of an Nco and Disobeying a Direct Order

The effects of disrespect of a non commissioned officer and the effects of disobeying a direct order. On 25 of August 2011, I accompanied SGT Williams off post. Although it seems to be nothing at all by that statement. The consequences of that night and the things I should have done are possibly going to cost a good NCO his career, and landed me in this punishment. Before I get in to the actual circumstances of this incident I want to cover my references Article 92 and article 89 of the UCMJ. First what is UCMJ? The Uniform Code of Military Justice (UCMJ) is the base of military law. The UCMJ is a federal law, enacted by Congress in1950. The UCMJ was based upon and replaced the Articles of War. Which had been in various forms since†¦show more content†¦Ã¢â‚¬Å"Uniform Code of Military Justice (UCMJ) ART. 89 DISRESPECT TOWARD SUPERIOR COMMISSIONED OFFICER Any person subject to this chapter who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.† (http://usmilitary.about.com/library/milinfo/ucmj/blart-89.htm). By disobeying my order to no drink with SGT. Williams I disrespected SSG. Bryant. Disrespect of NCOs’ is a sign of a lack of discipline. Again disapline is one the things in the Military as a whole is what holds the system together and allows the militaty to function properly and accomplish the mission. Leadership is what holds the Army together, without a good leader nothing would be accomplished. The Army’s strict definition for leadership is competent, confident, and agile. In FM 6-22 it explains who, what, and how a leader should be. All Army leaders should follow the BE-KNOW-DO concept. A leader must BE- the values and attributes that shape ones character. They should KNOW- about tactics, strategic, and logistics of the Army. What leaders DO- is in relation to the influence they have on others, in providing purpose, direction, and motivation. The makeup of an Army leader is a strong intellect,Show MoreRelatedDisrespect Articles of Ucmj945 Words   |  4 PagesPunishable Articles Related to Disrespect Article 89—Disrespect toward a superior commissioned officer (1) That the accused did or omitted certain acts or used certain language to or concerning a certain commissioned officer; (2) That such behavior or language was directed toward that officer; (3) That the officer toward whom the acts, omissions, or words were directed was the superior commissioned officer of the accused; (4) That the accused then knew that the commissioned officerRead MoreNon-commissioned Officer and Respect1023 Words   |  5 PagesYou can’t have respect without discipline because it creates a sense of unity among soldiers which under extreme circumstances the military cannot afford to have any causality because of one individual’s decision to disrespect one of leaders appointed over me direct orders. Self-less Service leads to teamwork and encompasses discipline and is most effective when all soldiers can expect and give mutual respect to their fellow soldiers. When a person first enters the Army they are taughtRead MoreRepercussions for Not Being at Your Place of Duty1119 Words   |  5 Pagesplace of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed; shall be punished as a court-martial may direct. (1) Failure to go to appointed place of duty. (a) That a certain authority appointed a certain time and place of duty for the accused; (b) That the accused knew of that time and place; and (c) That the accused, without authority, failedRead MoreFollowing Simple Instructions2384 Words   |  10 Pagesmaintains the title Essay on Obeyeing a Lawful Order From An NCO, done by another, i believe to be, private; This is a 2000 word essay on the importance of obeying a lawful order from an NCO. The reason for me to be writing this essay is because I disobeyed a direct order from a senior NCO, I was told to move into the barracks by Sunday and I completely ignored this order and went along doing my own thing. It is extremely important to obey an NCO because if you don’t the consequences will be badRead MoreDisrespect5013 Words   |  21 PagesI think disrespect is one of the biggest issues in the united states military. Respect is something everyone wants, not many have, and few want to give. Unfortunately, respect is not something that is given all the time. Maybe this is because respect is not clearly understood. What is respect? The Webster’s Dictionary defines it as an act of giving particular attention or high or special regard. Another definition shows respect as a feeling or attitude of admiration and deference toward somebodyRead MoreArmy. Having the Right Attitude2125 Words   |  9 PagesAppurtenances, Wear of the Army Uniform by Reserve, Retired, Separated, and Civilian Personnel. All of these uniforms can be found in Army regulation 670-1. It is important to follow the guide lines and adhere to these standards . If you don’t you can bring disrespect upon the United States Army, and that would not be a good thing at all. It can mean that people could change there opinion of the United States Army. Which could ultimately lead to less support for the United States forces, which can cause lessRead MoreDisobeying Orders8735 Words   |  35 Pagesthe Marine Corps is no different there are many rules and regulations that are meant to be followed under the UCMJ Articles. It’s important to keep following the orders you are given and that you follow these rules exactly like you are ordered to do so. In this essay I will be talking about the following: Disobeying an Order, Disrespect, Discipline, Chain of Command, Unauthorized Absence, a nd Leadership Principles and Leadership Traits. I will try my best’s efforts to explain everything and show

Maria Goeppert-Mayer, Mathematician and Physicist

The Hardships of Diabetes Essay - 1921 Words

The Hardships of Diabetes Diabetes is a very grave and serious disease involving many hardships, but a good diet, exercise, and overall healthy habits can keep your diabetes under control which in-turn makes you feel better and avoid later complications. Diabetes is a disease in which the body does not produce enough insulin, a hormone needed to convert the sugars and starches that we eat into energy needed for daily life. The cause of the disease is a mystery, but genetics and environment seem to play major roles. There are two kinds of Diabetes, Diabetes Insipidus and the more common Diabetes Mellitus. Diabetes Insipidus is a rare disease caused by a deficiency of vasopressin, a hormone of the posterior pituitary gland that†¦show more content†¦Since glucose cannot enter the cells it builds up in the blood and the bodys cells literally starve to death. Also since the body lacks sufficient energy from tissue glucose it begins to break down stored fat that produces ketenes, a byproduct of broken down fat, that makes the bodys blood acidic interfering with respiration. About 700,000 people in the United States have Type I diabetes. Its symptoms are unusual thirst, frequent urination, extreme hunger, dramatic weight loss, fatigue, and irritability. If the disease is undetected or not properly treated it can quickly become fatal. Death by diabetic coma was usually the outcome of the disease before insulin was discovered. The other more common type of Diabetes is Type II, affecting more than 13.3 million people in the United States. Type II Diabetes is a metabolic disorder resulting from the bodys inability to make enough or properly use insulin. Sometimes Type II can be due to prolonged obesity when a rise in the level of blood sugar inactivates tissue components that are targets for insulin, consequentially killing off the cells needed to transport the sugar. Type II diabetes is most prevalent in adults over forty, but most people do not recognize the disease until they develop one of its life threatening complications. Type II has the same symptoms asShow MoreRelated1920s Good or Bad?1665 Words   |  7 Pagesmedical treatment towards diabetes. Diabetes was one of the major diseases that had killed many people around the world during 1920s. Proper and effective treatments towards diabetes were needed as soon as possible. In 1921 at University of Toronto’s labratory, Dr. Fredrick Banting with help of his co-leagues and students succeeded isolating insulin which is a hormone from the dog. Banting’s idea was to inject the isolated insulin to the patient’s body since the reason diabetes is being caused is becauseRead MoreAnalysis Of Don t Blame The Eater988 Words   |  4 Pagesdivorce, works schedules can also affect food choices. As he summed up, â€Å"Fast-food is a very reliable, cheap option that is always predictable, which makes it a perfect destination but not many people understand the emotional, physical, and me ntal hardships that can result from those choices.† These factors can also be tracked to various socio-economic groups, ethnicities, etc. As mentioned, the author uses a personal narrative to further prove his point that children are being the most victimizedRead MoreEconomic And Social Consequences Of Diabetes1231 Words   |  5 PagesEconomic and Social Consequences of Diabetes There are many costs to the U.S. as more people are developing Diabetes at an increasing rate. The American Diabetes Association (ADA) researched and studied the costs to the healthcare systems and found that the costs were $174 billion in 2007 and rose to $245 billion in 2012. The cost of diabetes in the six years has risen to an outstanding 41%. The costs of Diabetes was broke down into two categories: medical costs and lost productivity. In the 2012Read MoreDiabetes On The Rise Of Diabetes994 Words   |  4 PagesDiabetes on the Rise â€Å"There is considerable evidence for a rising epidemic of diabetes in many countries of the world, with projected numbers of affected persons, and national prevalence likely to rise† (Sicree Shaw, 2007). The United States (U.S.) alone being number three of the top ten countries worldwide, projected to see the highest rate of those affected by type II diabetes amongst its population in 2030 (Shaw, Sicree, Zimmet, 2010). A growing epidemic, attributions to urbanization, nutritionRead MoreA Brief Note On Diabetic Kidney Disease ( Dkd )1108 Words   |  5 PagesDiabetic Kidney Disease Diabetic kidney disease (DKD) is defined kidney disease attributed to diabetes (versus chronic kidney disease, which may be due to numerous etiologies including diabetes). ADA recommends screening for nephropathy 5 years after diagnosis for type 1 diabetes and at diagnosis for type 2 diabetes. Screening includes urine albumin excretion (albumin/gr creatinine). ADA no longer uses the terms â€Å"micro ( 30 ug/mg Cr) and macroalbuminuria ( ug/mg Cr)†, but defines albuminuriaRead MoreChildhood Obesity : Obesity And Obesity961 Words   |  4 Pagesarise along with obesity. Specifically type two diabetes is a disease that can be difficult to face. Type two diabetes can be caused by elevated levels of sugar in one’s blood, resulting in issues with insulin binding, however in type one diabetes, one develops this from genetics and not from oversupply of sugar in the blood (Dea). Working at the Philadelphia children’s hospital as a pediatric nurse practitioner, Tara Dea deals with obesity and diabetes every day. As a nurse she is more involved inRead MoreDiabetes And How A Person With This Condition s Experience Has Affected Her Daily Life1401 Words   |  6 PagesIn my paper, I am going to focus on Type 2 Diabetes and how a person with this condition’s experience has affected her daily life. About the Disability Cause: Experts say diabetes is partly genetic and at least partly behavioral. Obesity and lack of exercise are key risk factors for the most common form. Many people think that diabetes results from eating too many sweets, but the truth is more complex. Type 2 diabetes -- also known as adult-onset diabetes -- is characterized by â€Å"insulin resistanceRead MoreSymptoms And Symptoms Of Diabetes Essay1457 Words   |  6 PagesDiabetes 1. Illness or Symptoms: The most common symptoms are fatigue, having to urinate more than feeling thirsty, distorted vision, and dry mouth. Type 1 diabetes symptoms are rapidly noticed with more severe symptoms verses type 2 diabetes, which have symptoms that usually are not as noticeable and develop at a slower rate. 2. Patients: Patients who are over 45 are more likely to get diabetes; the older you get the more of a risk you have. If the patient has a family background of type 2 diabetesRead MoreHuman Adaptation Essay1234 Words   |  5 PagesThrifty Genotype Hypothesis. The Thrifty Genotype Hypothesis attempts to explain the variation in effects of Type II diabetes, particularly in modern Native/Indigenous peoples. The hypothesis gives reason to believe that the adaptation of high concentration of among native populations occurred to increase survival in times of feast or famine. It is thought that in times of subsistence hardship, through the process of natural selection, individuals with the ability to store fat survived, perpetuating andRead MoreT2 DQ1 Essay676 Words   |  3 Pagesï » ¿According to the assigned article, Health Disparity and Structural Violence: How Fear Undermines Health Among Immigrants at Risk for Diabetes, narratives tell the story of the interconnectedness between fear and heal th. Thematically, the issue of fear is a dominant feature that affects how an individual approaches day-to-day living and health. Explain the relationship between fear and health identified by the researchers in the article. Do you agree that structural violence perpetuates health

Analysis Of Different Types Of Competition Economics Essay Free Essays

To travel markets back towards perfect competition, have to hold a really big figure of houses, complete freedom of entry, a homogenous merchandise and perfect cognition of the goods. In the short tally, the supranormal net incomes can be because there is no clip for new houses to prosecute the market. However, the supranormal net incomes will be competed by new houses in the long tally. We will write a custom essay sample on Analysis Of Different Types Of Competition Economics Essay or any similar topic only for you Order Now In the short tally, the demand curve and the supply curve is equal to fringy cost. In the long tally, monetary value is equal to hanker run mean cost. The perfect competition market is a monetary value taker, so the monetary value is non alteration. Monopoly In monopoly, has merely one house in an industry, restricted or wholly out of use freedom of entry, merely one alone merchandise. Barriers to the entry of new houses is apparent to protect a monopoly from rivals such as economic systems of graduated table, control over supplies of inputs or end products, patents or right of first publication, and tactics to extinguish challengers. Monopoly will acquire maximized monetary values. If the demand curve and cost curve of monopoly are the same of absolutely competitory industry, monopoly will bring forth less and halt at the higher monetary value than absolutely competitory industry to maintain their clients. Potential of rivals is of import such as a house ‘s monetary value and scheme. Monopolistic Competition In monopolistic competition, has a rather big figure of houses, unrestricted freedom of entry, has different sort of merchandises. In the short tally, the houses can gain supranormal net incomes because clients still want to purchase the merchandises even though the monetary value goes up. However, in the long tally, the demand curve will touch the long-term norm cost curve ; it means the monetary value goes up so clients do non desire to purchase the merchandises because their wages still the same degree. Therefore, the houses will non acquire more net incomes. Many houses under monopolistic competition can prosecute in non-price competition such as merchandise development and advertisement to keep an advantage over their challengers. Monopolistically competitory houses may hold higher costs than absolutely competitory houses, but clients can acquire different sort of merchandises. Monopolistically competitory houses possibly have fewer economic systems than monopolies and have less research and development, but they can maintain monetary values lower than under monopoly. Oligopoly In oligopoly, has few figure of houses, restricted freedom of entry, has apathetic merchandises or merchandise distinction. Besides the houses under monopolistic competition, there are assorted barriers to the entry but similar to under monopoly. Chapter four Market Structures Table Of Contentss Introduction†¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . p. 1 Theory†¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . pp. 2 – 3 Part I – Perfect Competition †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . pp. 4 – 7 Part II – Monopoly †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . pp. 8 – 10 Part III – Monopolistic Competition †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . pp. 11 – 13 Part IV – Oligopoly †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . pp. 14 – 15 Decision†¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . p. 16 Mentions†¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ †¦ . p. 17 Introduction Presents, the market construction of the concern are plentiful and assorted. Classifying markets require each company or house have to understand item clearly to be after the right manner to make concern. As a consequence, market construction has four sorts: Perfect competition, monopoly, monopolistic competition and oligopoly. It can be said, in any states which besides happen to positive and negative of each type. Therefore, chapter Four of Necessities of Economics is traveling to explicate four types of market construction. Besides, the competitions are between companies together is based on what sort of concern and the strength they have from each specific instance. This chapter besides give information about advantage and disadvantage of market construction because some sorts can acquire much net income merely and some sorts have to vie. In peculiar, each house will hold assorted schemes because they will hold assorted challengers and competitions. Theory The manner purchasers and providers interacts each other in the industry to make up one’s mind the monetary value and the measure is defined as market construction. There are 4 market constructions that have been used in the economic universe: Perfect competition, Monopoly, Monopolistic competition ( Imperfect competition ) and Oligopoly. Perfect competition is the free-entry market in which there are limitless purchasers and Sellerss called monetary value taker. They have no power to command the monetary value of the merchandises which merely based on demand and supply in the market. There is a market that has merely individual marketer. It is stated as Monopoly market where the monetary value is set by one marketer. Example: EVN, Petrolimex†¦ Monopolistic competition or Imperfect competition is similar to hone competition, which has a batch of Sellerss bring forthing a differentiated merchandise. Each can put its ain monetary value and measure ; nevertheless, they are excessively little to act upon the whole market monetary value and measure. Oligopoly is the market which has a little figure of Sellerss in the industry. At least one determination about the monetary value or the measure of one house can count to the others. Finally, when different purchasers buy the merchandise by different monetary value, that statement is defined as monetary value favoritism. In international trading, sometime it can do a dumping[ 1 ]. CASE STUDY Chapter 4 Market STRUTURES Part I PERFECT COMPETITION The economic system, in general, is all about competition. Competition is good because it makes clients to be a male monarch who can make up one’s mind what productions they will utilize and how quality is that. However, true aims of houses are n’t to do the clients to be a male monarch. What they try to make is maximise their net incomes. But in ‘perfect competition market ‘ , the fact is, houses can do supranormal net incomes in the short-term but in the long tally they wo n’t do any net incomes. They merely have adequate to remain in concern. Perfect competition is a market construction where all houses produce the same merchandise and noA producerA orA consumerA has the rightA or ability toA controlA theA market, A asA affect the monetary value. Perfect Competition is merely a theory that does n’t be in the existent universe because of so many conditions have to be met. However, there are markets that come near to perfect competition market if it has four following conditions. First, there are so many houses or manufacturers that participate in the market and none of them have a right to alter the market monetary value. For case, the market for rice in Vietnam is so broad. Regardless of one husbandman has produced 100 more kgs of rice, the rice market monetary value is still maintained the same. This status of each house being so little that they are undistinguished comparative to the market is what makes the MR curve horizontal or absolutely elastic.[ 2 ] Fringy Revenue curve[ 3 ] One house can bring forth a noticeable sum of end product but it is nil compared to the market. As a consequence, the extra end product the house produces can be sold at the same monetary value as smaller measures of end product. Second, it has to be the market where all houses are selling an indistinguishable merchandise produced in the same manner. When all houses produce an indistinguishable merchandise, they are called homogenous merchandises.[ 4 ]The premise about homogenous merchandises means that all houses will sell their merchandises at the same monetary value. If all the merchandises from different houses are indistinguishable, clients will choose houses by taking the lowest monetary value. Any house that set their monetary value higher than others will lose all its clients. Third, there is no limitation to come in or go out the market means that new houses can easy acquire into the industry every bit good as the older houses can acquire out. In long-term, this is really of import. New houses when they try to come in the industry, there is no other manner to vie with other houses beside of lower their monetary value to pull clients. The existing houses must follow the new lower monetary value in order non to lose clients and after that, supranormal net incomes are no more. That is the ground why in long tally, houses merely make adequate net incomes to remain in the concern. Finally, 4th conditions, is that all houses are to the full cognizant of monetary values, the manner of lower cost of production and market chances and clients know all about the monetary value, the quality of the merchandise at all times.[ 5 ]The economic expert called it by perfect cognition or perfect information. Although Perfect Competition does n’t be in any existent economic systems, it is an ideal economic that make the economic become better and more expeditiously. In other words, How to cite Analysis Of Different Types Of Competition Economics Essay, Essay examples

Contract It Comes To Statute Of Limitations â€Myassignmenthelp.Com

Question: Discuss About The Contract It Comes To Statute Of Limitations? Answer: Introducation: Contract is a legally binding document which contains a promise where one side of the contracting party undertakes a promise to fulfil to do certain task and the other side of the contracting party undertakes the promise to create legal relations (Latimer, 2012). The contract formation requires presence of certain components, which are the agreement component, i.e., offer and acceptance, followed by elements of consideration, consent, clarity, intention and capacity. In order to create a legally binding contract, there is a need for all of these components to be present, or else, the contract remains non-binding document (Clarke Clarke, 2016). The contract begins when an offer is made by one person to another person, in which the first person offers some conditions or terms to the second party. It is important that clarity is attained between an offer and an invitation to treat (Andrews, 2015). This is because an offer is a part of contract formation and is obligatory to be present for a contract to be valid, but the same is not the case when it comes to an invitation to treat. The offer shows that the parties want to create a contract and thus, have legal liabilities. However, an invitation to treat shows that the person wants to start up the negotiations (Ayres Klass, 2012). The differentiation between these two can be highlighted through different case laws. In Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256, the court stated that a unilateral offer had been made as the acceptance could be attained merely by acting upon the offer and the acceptance did not require a communication. However, this is generally not the case and the commercials in the magazines or newspapers are deemed as an invitation to treat as was seen in Partridge v Crittenden [1968] 2 All ER 421. Where an invitation to treat has been made, the party who puts on something for sale, is not bound in a legal manner to fulfil the sale, and this was deemed by the court of law in Partridge v Crittenden [1968] 2 All ER 421 case (Latimer, 2012). The contract formation has another crucial agreement component of acceptance. The acceptance denotes that the party, to which the offer was made, accepts the terms of the offer. The acceptance needs to reach the offering party in a clear manner and a silence on the offer made is not an acceptance as was seen in Felthouse v Bindley (1862) EWHC CP J35 (Stone Devenney, 2017). It is important that the acceptance is properly told to the offer making party and is given on the offer which was made. In other words, if there is a change in the offer made, while the acceptance is being given, it is not considered as an acceptance and instead would be considered by the court as a counter offer. When such happens, the original offer expires as was held in Hyde v. Wrench (1840) 3 Beav 334 (Marson Ferris, 2015). The third requirement for creating a binding contract is the consideration. It is important that the contract has an element of consideration and it needs to have an economic value in it for it to be valid (Latimer, 2012). The context of the particular case decides the economic value component. For instance, the three wrappers were deemed as valid consideration in Chappell Co Ltd v Nestle Co Ltd [1960] AC 87. Another important point about consideration is that it needs to be adequate and not sufficient, and has to move towards the promisor (Mulcahy, 2008). Clarity regarding the terms of the contract is another crucial element in contract formation as it helps in avoiding ambiguity from the contract. There is also a need for the contracting parties to give a free consent to the contract, without the presence of elements like duress, undue influence and the like (Lambiris Griffin, 2016). The next component is that of capacity which denotes the need of the contracting parties to have the proper contracting capacity to enter into legal relations. This is in terms of the party being of sound mind and the parties having a legal age. The parties need to have the legal intention of creating lawful relations and need to know that by entering into the contract, they would be legally bound by it (Latimer, 2012). Contracts can be formed in both written and verbal manner and irrespective of the manner of formation of the contract, both have legal validity. In the written contracts, the terms on which the contract is being formed, is properly elaborated on a document, and the parties sign the contract. In a verbal contract, these very terms are verbally or orally exchanged, i.e., they are communicated in a manner of speaking. Thus, essentially, only the manner of documenting it differs, but both have legal validity in the eyes of law (Mau, 2010). Even though the written and verbal contracts have legal validity, it is always advised to go forward with a written contract and there are different reasons for the same. Amongst the different reasons for opting for a written contract is that it helps in removing the ambiguity regarding the contractual terms, which can otherwise be present in an oral or a verbal contract. One can always refer to the written contract for a particular term being stated and being stated in a particular manner, but the same cannot be done under an oral contract and thus, the nuances of the oral contract often lead to a dispute (Pendragon, 2014). Furthermore, the statutory legislations relating to the interpretation can be applied over the written contracts but the same is not possible for the oral contract as one cannot say for certain what the exact term of the oral contract was (Irby, 2016). Under the written contracts, the rights and obligations of the contracting parties are clearly provided, but the same is again not possible to be determined in a clear manner, particularly in case of a dispute, for an oral contract. Often, the written contracts cover terms that in case of dispute, a particular thing has to be undertaken. This further helps in solving a dispute in a quick manner under a written contract (Pendragon, 2014). Thus, under the oral contract, the chances of resolving the dispute in an amicable manner are not very high as each party keeps on contending that a particular point was not made, a particular point was made different, or the entire verbal contract was never drawn. An example of the verbal contract being denied to be present was the case of McGellin v Mount King Mining NL (1998) 144 FLR 288 (Austlii, 2017). For all such reasons, it becomes preferable to draw up a written contract. Formal contract can be best defined as such contract where the development of these required a specified manner of formation, for them to be enforceable. In general, the formal contract requires the contract to be signed by the contracting parties and be placed under a seal (Miller Cross 2015). There are different kinds of formal contracts, for instance, promissory notes, drafts, certificate of deposits and cheques. Depending upon the particular formal contract, the formalities of it are defined. The formation of a cheque, for instance, requires the stamp of the bank, the signature of the drawing party, the details of the bank and that of the amount for which the cheque is being drawn, and the date of signing the cheque, which makes the cheque valid only for a specified period of time since it was being drawn (Legal Services Commission, 2017). Was a valid contract created in this case, specifically due to the presence or absence of the component of intention? Where a contract was formed, were any remedies available for the non-breaching party? In the first section of this discussion, the different requirements for creating a contract were defined. Amongst these was the intention of the parties, which denotes that the parties are ready to create a binding agreement, which can make them liable legally. It is important that when a contract is being drawn, the parties want to create legal relations. The case of Trevey v Grubb (1982) 44 ALR 20 helps in clarifying the difference between a social and a legal contract. In this case, an entry coupon was filed by the individual on three members of syndicates behalf. The prize stated in the coupon was won but the defendant declined from sharing the prize money and cited that a social contract was present. In order to given the verdict in this case, the court made reliance on the verdict given under Simpkins v Pays [1955] 1 WLR 975 and presented the similarities between the two cases. There also similar thing took place and social context was cited as an excuse. And so, the court stat ed that a clear intention was present in this case, instead of presence of social setting, which led to a legally contract being created in this case. Accordingly, the court ordered the defendant to share the prize money in an equal manner between the three plaintiffs who had together bought the ticket (Gibson Fraser, 2013). A breach of contract takes place when the promise made as per the contract is not fulfilled by the contracting parties. When such happens, the aggrieved party can apply for both equitable and monetary remedies. Application The facts given in the case study of the question, are similar to that of the case of Simpkins v Pays and Trevey v Grubb. In this case also, a social arrangement was being cited as the reason to evade the contract being as a lawfully valid one. However, the similarity between the quoted cases and this case proves that an intention of creating a lawfully binding contract was clearly present in the case study as each of the parties in the case study had made a contribution towards the purchase of the lottery ticket. And so, this would show that the parties indeed wanted to create a contract. The group which purchased the ticket cannot deny sharing of the prize money or else, they would be made liable for a breach of contract. And as per the verdict given in the two quoted cases, the court would order the ticket purchasing group to share the prize money equally with the other groups. To sum it up, it is very clear that a contract had been formed in this case as a result of presence of the intention of creating legal relations between the parties. And based on the quoted cases, the ticket purchasing group would have to share the prize money equally or would be made liable for a breach of contract. Agency law is a common law which regulates over the liability raised from the work of the agent towards the principal, and this liability is raised for the third party, with whom, the agent interacted. The raison d'tre for making the principal liable, stems from the representation of the agent of the principal in front of the third party. Born from this common law is the concept of vicarious liability. As per this concept, the employer is to be made accountable towards a third party for the work done by their employee, as the employee represents the employer in front of such third party. The presence of this concept makes it important to distinguish between an agent and an independent contractor (Thampapillai et al, 2015). An agent is such an individual who works on behalf of the principal and for whose actions, the principal is liable. However, an independent contractor is someone, whose services are undertaken, usually under a contract, for fulfilling a particular task. And for this very task undertaken by them, the liability is their own. The independent contractor use their own equipments to do the task, at the timings which suit them, and in the manner they deem fit. However, when it comes to the agents, the principal provides the equipments, the work hours are regulated by the principal and they have to do the work on the basis of authority provided to them. Due to such control, the principal is made liable and this makes it necessary to differentiate between the agent and an independent contractor (Miller Jentz, 2007). References Andrews, N. (2015). Contract Law (2nd ed.). UK: Cambridge University Press Austlii. (2017). Thomas Paul Mcgellin Ors v Mount King Mining Nl (Acn 060 118 201) Anor [1998] WASC 96 (7 April 1998). Retrieved from: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/1998/96.html?context=1;query=McGellin%20v%20Mount%20King%20Mining%20NL Ayres, I., Klass, G. (2012). Studies in Contract Law (8th ed.). New York: Foundation Press Clarke, P., Clarke, J (2016). Contract Law: Commentaries, Cases and Perspectives (3rd ed.). South Melbourne: Oxford University Press. Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Irby, L. (2016). What is a Written Contract When It Comes to Statute of Limitations?. Retrieved from: https://www.thebalance.com/written-contract-961146 Lambiris, M., Griffin, L. (2016). First Principles of Business Law 2016. Sydney: CCH. Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Legal Services Commission. (2017). Paying and collecting a cheque. Retrieved from: https://www.lawhandbook.sa.gov.au/ch10s05s02s01.php Legal Services Commission. (2017). Paying and collecting a cheque. Retrieved from: https://www.lawhandbook.sa.gov.au/ch10s05s02s01.php Marson, J., Ferris, K. (2015). Business Law (4th ed.). Oxford: Oxford University Press. Mau, S.D. (2010). Contract Law in Hong Kong: An Introductory Guide. Hong Kong: Hong Kong University Press. Miller, R., Jentz, G. (2007). Cengage Advantage books: business law today: the essentials (8th ed.). Mason, OH: Thompson Higher Education. Miller, R.L. Cross, F.B. (2015). The Legal Environment Today (8th ed.). Stanford, CT: Cengage Learning. Mulcahy, L. (2008). Contract Law in Perspective (5th ed.). Oxon: Routledge. Pendragon. (2014). The Benefits Of A Written Contract. Retrieved from: https://pendragon.net.au/benefits-written-contract-2/ Stone, R., Devenney, J. (2017). The Modern Law of Contract (12th ed.). Oxon: Routledge. Thampapillai, D., Tan, V., Bozzi, C., Matthew, A. (2015). Australian Commercial Law. Melbourne: Cambridge University Press.

Novel Heart of Darkness Essay Example For Students

Novel Heart of Darkness Essay The relationship between the living Conrad and his fictional character Marlow has been analysed repeatedly since the novel was published to try to establish how far the author actually identified with his creation. While it has often been suggested that the narrative can be explained by reference to Conrads own life11, giving the novel an autobiographical emphasis, it could be argued that as a work of fiction the alignment of the authors own opinions with his principle character is irrelevant to the reading of the text itself. However, Marlows role as a narrator reinforces exactly why the presence of Conrad in his writing is both necessary and historically relevant to the novel. We will write a custom essay on Novel Heart of Darkness specifically for you for only $16.38 $13.9/page Order now Just as Conrads own experiences on the Congo allowed him to reconstruct and remould his fictional counterpart, so Marlow as the storyteller is able to juxtapose events and impressions to relive a fictional present12. Marlows restructuring of his experiences make the reader aware that some kind of past history, or experience is being poured into the narrative, echoing that of Conrads own as Marlow expresses, it is impossible to convey the life-sensation of any given epoch of ones existence- that which makes its truth, its meaning-its subtle and penetrating essence13. So the reader is simultaneously drawn into the narrative by the historical pull of human experience while being distanced by its fictive barriers. Conrad himself described the story in 1902 as mainly a vehicle for conveying a batch of personal impressions14 while admitting that it could be described as experience pushed a little (and only a very little) beyond the actual facts of the case. This demonstrates the complicated intertwining of fact and fiction involved in the writing of such a novel. While Conrad was able to express his own disillusionment with the systems he had experienced through his representations of Marlow and Kurtz, it can be shown that he is subject to his own criticisms by the very aspect of those experiences. Despite his strongly critical portrayal of white man and colonial victories, Conrad has often been accused of racism in his literature, and evidence of which, (whether conscious, or unconsciously displayed) helps to show why it is therefore difficult to separate a work of literature from its historical source of writing. In Heart of Darkness the allegory for the psychological journey to the heart of the human mind is bound inseparably to the physical one related by Marlow and experienced by Conrad in reality. If the story is to be read only as a metaphor which discovers the horrors and corruption lurking at the bottom of mans heart, the implications of using Africa as an external parallel, for a physical setting to match the inner darkness16reveal that despite Conrads attempts to subvert colonialism he betrays his own prejudices from the outset. While Conrad has been described as a man of his times17 holding prevalent western attitudes such as that primitive people were morally inferior to civilised ones, Marlows corresponding attitudes can be identified by his reaction to the Africans and in particular the cannibals in aligning the two. His sympathy for the black race is reflected in the negative portrayal of white man yet the superficial nature of his sympathies are revealed when he encounters the cannibals. He expresses his horror that there might be some connection between them and himself, admitting Well, you know that was the worst of it- this suspicion of their not being inhuman. Again, it is the undertone of colonial prejudice breaking through the surface gloss of compassion which Conrad has allowed Marlow to display. While he feels sorry for them when he sees them dying, when he sees them healthy, he feels nothing but abhorrence and loathing19. Conrads ambivalent attitudes towards colonialism are therefore revealed not just through Marlows ironic narrative technique but by the underlying tone of colonial prejudices which pervade the imagery of the novel. .u63b22150e11c51ec6e3765bd9be1f85a , .u63b22150e11c51ec6e3765bd9be1f85a .postImageUrl , .u63b22150e11c51ec6e3765bd9be1f85a .centered-text-area { min-height: 80px; position: relative; } .u63b22150e11c51ec6e3765bd9be1f85a , .u63b22150e11c51ec6e3765bd9be1f85a:hover , .u63b22150e11c51ec6e3765bd9be1f85a:visited , .u63b22150e11c51ec6e3765bd9be1f85a:active { border:0!important; } .u63b22150e11c51ec6e3765bd9be1f85a .clearfix:after { content: ""; display: table; clear: both; } .u63b22150e11c51ec6e3765bd9be1f85a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u63b22150e11c51ec6e3765bd9be1f85a:active , .u63b22150e11c51ec6e3765bd9be1f85a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u63b22150e11c51ec6e3765bd9be1f85a .centered-text-area { width: 100%; position: relative ; } .u63b22150e11c51ec6e3765bd9be1f85a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u63b22150e11c51ec6e3765bd9be1f85a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u63b22150e11c51ec6e3765bd9be1f85a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u63b22150e11c51ec6e3765bd9be1f85a:hover .ctaButton { background-color: #34495E!important; } .u63b22150e11c51ec6e3765bd9be1f85a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u63b22150e11c51ec6e3765bd9be1f85a .u63b22150e11c51ec6e3765bd9be1f85a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u63b22150e11c51ec6e3765bd9be1f85a:after { content: ""; display: block; clear: both; } READ: Eddie and Mickey and evaluates the situation EssayThe stark contrasts of white and black, light and shade, presented in the imagery of the novel function in a very specific way through the designation of roles, the creation and disintegration of stereotypes, and the assertion of hegemonies in the discourse. Conrads portrayal of Africa as the blank space20 on the map which then becomes a place of darkness21 ready for western discovery and domination initiates the assignment of metaphorical colouring. However, as Chinua Achebe pointed out the mystery and shadow cast by Conrads portrayal of Africa was and is the dominant image of Africa in the western imagination22and reinforces Conrads position as a product of this mass consciousness. As the metaphor is extended to the associations of good and evil accompanying this imagery, it is clear that Africa has been consigned to a symbol for an evil and primeval force23 within this westernised structuring of stereotypes. In his portrayal of the African women as like the wilderness itself, with an air of brooding he both places her in the context of colonial domination of land and subordinates her to the depravity associated within the imagery of darkness. While the balance of fiction and fact contributing to Heart of Darkness blur the boundaries between critical commentary and aesthetic or artistically based literature, the novel is constantly subject to the conditions present during its creation. Benita Parrys claim that what Marlow sees belongs not to history but to fantasy may be true but despite Conrads literary and political intentions, his western preconceptions appear to be daubed throughout the novel, particularly in his portrayal of Africa and Africans. The distancing of himself from any direct narrative responsibility almost reinforces the presence of Conrad within the novel and while his authorial role should not direct a reading of the text, his alignment and identification with Marlow does add a dimension to its analysis. Finally, the ambivalence with which the novel approaches attitudes towards colonialism demonstrates how important the respective roles of historical and modernist contexts are in uncovering the complex layering of narrative voices. In this way Heart of Darkness produces a critical reflection on the very forms of consciousness it illuminates25and by doing so self-consciously acknowledges its own debt to historical context, whilst echoing the patterning of past, present and future which create the literary as well as literal temporality both in art and life.