Comparison Between Othello And Emilia - 962 Words

Asan Joseph COM 1102 08/3/2014 COMPARISON AND CONTRAST BETWEEN DESDEMONA AND EMILIA In the play by Shakespare, Othello, there are two noticeable women who were featured in the play. One of them was the wife of the tragic-hero in the play (Othello), while the other one was the wife of the greatest villain of all time (Lago). The comparison of women in a Shakespeare text cannot be done without understanding the situation of women in Shakespeare’s time, and the cultural and social context in which he wrote women, especially nobles. In England, women were naturally subservient to men, as was customary and traditional. Despite being ruled by a woman, Elizabeth I, society did not take to the idea of women in careers, especially if they were married; it went against the natural order of the world, when men had dominion over their wives. These two women characterize and make up most parts of this play to a great deal and they play a major role in how the problems in the play were resolved. As mentioned analyzed fr om the play, conclusions could be drawn that Desdomena was from an upper class family. She was the daughter of a senator. Emilia on the other hand was somewhat of a middle class woman. These women are married to men of power and value. The two wives try their best in the play to please their husbands in all matter of ways, and to also prove to their husbands their loyalty towards them. Desdemona even makes it clear that she didn t cheat on Othello with Cassio just toShow MoreRelatedComparison Between Othello And Emilia1147 Words   |  5 Pages Perkins 1 Jonathan Perkins Professor Barbara Russell COM1102 1 August 2014 Compare and Contrast Desdemona and Emilia in â€Å"Othello† In the play Othello, by William Shakespeare, there are two significant ladylike assumes that draw in our consideration. One is the wife of the play s tragic saint Othello; the other is locked in to one of the best malevolent individuals ever Iago. They are an imperative piece of what goes ahead in the play and inevitably how the genuine issueRead MoreOthello: Compare and Contrast The Two Wives1627 Words   |  7 Pages Bob Mudd Compare and contrast the two characters Desdemona and Emilia from the play Othello. Desdemona and Emilia Comparison and Contrast In the play Othello the Moor of Venice by William Shakespeare., there are two prominent women that grab and hold our attention. One is the wife of the play’s heroic character Othello; the other is engaged to an untrustworthy man named Iago. The women are part of, but yet serve as a small piece of what goes on in the play and which is how the conflict of theRead MoreEmili Othello 1162 Words   |  5 PagesEmilia’s Character in Othello Often within novels, plays or sorties, individuals are labeled to a certain category of character that fits an evident template. Emilia within Shakespeare’s Othello is unlike many of the other characters in that prospect as she is unique. Emilia has several different views and outlooks on the worldly matters, especially in comparison to say Desdemona or Othello whom respectively represent innocence and jealousy. The apparent fact that Emilia is married to Iago isRead MoreWilliam Shakespeare s Othello, Desdemona, Emilia, And Bianca949 Words   |  4 PagesShakespeare’s play Othello, there are only three women characters; Desdemona, Emilia, and Bianca. In this play, women are viewed as possessions to the men, causing critics to argue that the women to have no control of their lives. Women were viewed as their husband’s property, not being able to make their own decisions and listening to what their husbands told them to do. They were not seen as a human nor were females seen as being equal to men. Throughout Shakespeare’s Othello the three women showRead MoreOthello, By William Shakespeare1333 Words   |  6 PagesWomen, especially Desdemona but Emilia as well, are obviously targets of male violence in Othello. For some reason Shakespeare’s play often put the emphasis on the role of the female characters and their influence on the main male characters. For instan ce, the result of the passionate love of Romeo for Juliet, the effect of Ophelia’s insanity had on hamlet, and so on. In Othello, Shakespeare made Desdemona and the other women in the play no different; Othello’s jalousie and love made the play a tragedyRead MoreA Malevolent Villain Essay1086 Words   |  5 Pagespersecute the main character or another central character within their story. They add to the plot and tension of the work. Another malicious character is Iago, the villain in one of William Shakespeare’s greatest tragedies, Othello. In this play Iago sets out to destroy Othello for multiple reasons, most of which are unsubstantiated imaginings. Iago’s role as a malicious villain is evidenced by his misogynist, racist, and manipulative behaviors. The first evidence of Iago’s malicious villainy isRead MoreA Relationship Between A White And A Black Mother1313 Words   |  6 Pagesstories and music. It is unclear if Morrison is trying to make a comparison between a white and a black mother (the latter is usually reputed to be not-so-good-mothers, especially in American culture). It is challenging to separate race issue in the events of this play. Desdemona tells Barbary that she is color blind when the latter tells her she was just a slave due to the color of her skin. Desdemona tries to show Barbary the bond between them by countering the claim that her whiteness makes a differenceRead MoreOthello: Good vs Evil1525 Words   |  7 PagesShakespeare’s Othello is a classic depiction of a struggle between good and evil. In the play,, the characters are faced with the choice to either conquer or succumb to the overpowering force of evil. Shakespeare places his characters on a sort of spectrum in which a characterâ⠂¬â„¢s amount of god or evil can be represented by a shade of color: black representing pure evil, white representing absolute goodness, and a shade of grey exemplifying the nature of all characters that fall in between the two extremesRead MoreEssay about Jealousy in Shakespeares Othello1450 Words   |  6 PagesJealousy in Shakespeares Othello  Ã‚        Ã‚   Othello features jealousy as the dominant motive for action and therefore just as reflected in real life we bare witness to jealousy influencing the characters of Iago, Brabantio, Roderigo, and Othello. In this essay I shall be attempting to examine this theme in depth drawing comparison between jealousy and the consequential action.   The dominance of jealousy as the chief causative force of action in the drama is very obvious to most critics. InRead MoreSimilarities And Differences Between Iago And Othello1094 Words   |  5 Pages The tragedy of Othello is not just a story of jealousy but rather a clash of two worlds. In Shakespearean plays we many times see the protagonist fall due to deceit, human flaws, and corruption of their society. We specifically see the hero fall in Shakespeares Othello as a man trying to be himself with a corrupt friendship in Iago. Othello is seen to be the noble moor of Venice. He is respected by society for his many actions of nobility and bravery. Iago on the other hand is the villain plotting

Domestic Marketing vs International Marketing - 2276 Words

Domestic marketing vs International marketing Domestic marketing and International marketing are same when it comes to the fundamental principle of marketing. Marketing is an integral part of any business that refers to plans and policies adopted by any individual or organization to reach out to its potential customers. A web definition defines marketing as a process of planning and executing the conception, pricing, promotion, and distribution of ideas, goods and services to create exchanges that satisfy individual and organizational goals. With the world shrinking at a fast pace, the boundaries between nations are melting and companies are now progressing from catering to local markets to reach out to customers in different parts of the†¦show more content†¦Multinational marketing treats all countries as the world market without designating a particular country as domestic or foreign. As such, a company engaging in multinational marketing is a corporate citizen of the world, whereas international marketing implies the presence of a home base. However, the subtle difference between international marketing and multinational marketing is probably insignificant in terms of strategic implications. Conducting and managing international business operations is more complex than undertaking domestic business. Differences in the nationality of parties involved, relatively less mobility of factors of production, customer heterogeneity across markets, variations in business practices and political systems, varied business regulations and policies, use of different currencies are the key aspects that differentiate international businesses from domestic business. These, moreover, are the factors that make international business much more complex and a difficult activity. Differences between International Trade and Domestic Trade Scope: Scope of international business is quite wide. It includes not only merchandise exports, but also trade in services, licensing and franchising as well as foreign investments. Domestic business pertains to a limited territory. Though the firm has many business establishments in different locations all the trading activities are inside a singleShow MoreRelatedInternational Vs Domestic Strategies : International Marketing Model1326 Words   |  6 PagesInternational vs Domestic Strategies Strategies are the models of guiding companies from the existing position to where it owners would like it to be. Strategies are varying based on the business model. Business growth strategies, human resource development strategies, marketing tactics and internal goal-setting are the major focused areas in a business. Based on the business model, there are domestic and international strategies are implemented. International strategies are set up considering largeRead MoreMarketing Strategy Of Coca Cola1346 Words   |  6 PagesMarketing is the backbone of any company. From planning to supply chain, the performance of a company will be dependent on how good the product produced is going to be marketed. If the marketing strategy fail, all efforts put in finance, production, planning and supply chain will be in vain. Coca Cola has been one of the marketing gurus in India breaking all the national cultural barriers in its way. The nature of international marketing strategies is the foundations of getting a better share ofRead MoreThe Development Of The Woods Pvt Ltd Essay1330 Words   |  6 Pagesproducts are in huge demand in international market. With the help of existing designers and structural engineers this company feels proud, whose comprehensive knowledge and skills leads to that type of framing and flooring products which have modern look and made of ancient material. 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Some companies enter the international markets when their domestic market hasRead MoreInternational Promotion and Market Research of Nivea Essay744 Words   |  3 PagesNivea International Promotion International Market Research Nivea: International Promotion Promotional marketing mix issues revolve around advertising. Direct mail, e-mail, media publicity, public relations, sales promotion and the internet are a few ways Nivea promote its products within international markets (Hollensen, 2007). Trying to standardise one or two issues in each international market may be achievable. Trying to standardise every issue listed above inRead MoreResume Internationalization of Starbucks1152 Words   |  5 Pagespace, rhythm and scope of Starbucks internationalization affected company’s performance in previous years? Should Starbucks resume its international expansion and once again intensify its commitments in overseas markets? What could Starbucks learn from its prior internationalization within the coffee industry to guide his future international strategy? Michael Porter’s 5 forces model for Starbucks Bargaining power of Buyer †¢ Customer s prefer speciality coffee, can switch ifRead MoreRussian Standard Vodka: Strategies for Global Branding and Expansion Into the Us Market1460 Words   |  6 PagesMIAO under the Supervision of Pro. Hans MUHLBACHER for International Marketing Course T1-2011-2012 Background Russian Standard vodka, known as Russia’s number one premium vodka brand, was founded by Roustam Tariko and initially launched in 1998. Four years later the sales of this authentic Russian premium vodka surpassed all imported premium vodkas, achieving the number one position in the premium segment with a 27% market share in its domestic market. Brand Identity The first truly premium RussianRead MoreCurrent Sales Phase And Approach Within Labconnect1592 Words   |  7 Pagesmanaging domestic and international clinical trials. As UPSers first and most importantly, we want what is best for our customer. However, below the surface more obstacles and communication breakdowns exist within this client than has previously presented to UPS senior leadership. Candidly the middle market team has not been afforded the international opportunity scope that Jeff Mayhew (LabConnect CDO) led Bill Seward to believe existed. We have been asked to provide assistance on the domestic as a

Research Paper Helicobacter Pylori Free Essays

string(194) " This runs the risk of decreased patient compliance, more side effects and a greater cost, but ultimately it boils down to local and national guidelines, which vary from one country to another\." Helicobacter pylori| Previously named Campylobacter pyloridis, is a Gram-negative, microaerophilic bacterium found in the stomach. | | Microbiology (B1325) Research Paper| Detailed Introduction Helicobacter pylori are a species of epsilon proteobacteria which colonizes the harsh environment of the human stomach. Its name refers to both its spiral shape (Helicobacter) and the area of the lower stomach which it habitually colonizes: the gateway (pylorus) between the stomach and small intestine (Meyers, 2007). We will write a custom essay sample on Research Paper Helicobacter Pylori or any similar topic only for you Order Now This bacterium is thought to be present within up to 50% of the human population and has been linked to the development of a number of different medical conditions (Chalmers et al. 2004). This report will provide information about the discovery of H. pylori as well as its morphological characteristics, taxonomic information, biochemical/metabolic characteristics, chemotherapeutic methods of control/treatment/eradication, immunological responses, pathological information, and epidemiology information. Morphological Characteristics Helicobacter pylori are a spiral-shaped, Gram-negative rod approximately 0. x 3. 0 micrometers in size. It is catalase-positive organism which has 4-6 sheathed flagella attached to one pole which allow for motility. It lives in the human stomach and duodenum. H. pylori possess five major outer membrane protein (OMP) families. The largest family includes known and putative adhesions. The other four families include porins, iron transporters, flagellum-associa ted proteins and proteins of unknown function. Like other typical Gram-negative bacteria, the outer membrane of H. pylori consists of phospholipids and lipopolysaccharide (LPS). The O antigen of LPS may be fucosylated and mimic Lewis blood group antigens found on the gastric epithelium. The outer membrane also contains cholesterol glucosides, which are found in few other bacteria. H. pylori has four to six lophotrichous flagella; all gastric and enterohepatic Helicobacter species are highly motile due to flagella. The characteristic sheathed flagella filaments of Helicobacter are composed of two copolymerized flagellants, FlaA and FlaB. [1](From Wikipedia, the free encyclopedia). Taxonomic Information Helicobacter pylori are a gram-negative, spiral-shaped organism associated with gastrointestinal disease in humans. It has a worldwide prevalence, with approximately 50% of the world’s population infected. Before the first isolation and documentation of this organism from the human stomach in 1982, it was assumed that the human stomach was a sterile environment because of the high levels of acid, which would exclude it as an ecologic niche for any organism. This bacterium is the human-adapted Helicobacter primarily found in the gastric mucosa and areas of gastric metaplasia in the duodenum and occasionally in Meckel’s diverticulum and the rectum. It has been cultured rarely from feces, blood, and saliva. It can be detected by polymerase chain reaction (PCR) in dental plaque and feces. In the latter instances, the viability of the bacteria is in question. H. pylori also have been found in nonhuman primates and cats. H. pylori detection in animals is not common and could be due to human contact with animals. To date, no environmental reservoir has been shown. [2](http://www. gastro. theclinics. com/article/S0889-8553(05)70135-7/abstract) Biochemical/Metabolic Characteristics The genus Helicobacter was created in 1989 with H. pylori as the type species. Since then the genus has expanded to include about 18 species. Some species were reclassified from Campylobacter, but most were newly discovered microorganisms from gastric or intestinal sites in mammalian host animals. The essential property of almost all helicobacter is the presence of sheathed flagella. Most species possess strong ureolytic ability, particularly those associated with gastric mucosa, and exhibit considerable diversity in cell morphology with respect to cell length, number and location of flagella, and presence of periplasmic fibrils. H. pylori have a global distribution and infect human gastric mucosa exclusively but there is some evidence for infection in cats. Genomes of isolates from different individuals are unusual in their diversity in gene order and sequences within individual genes. ‘H. heilmannii1 is another gastric spiral shaped organism less frequently infecting humans but commonly found in cat and dog gastric tissue. H. felis is important in the mouse model of infection. A range of conventional phenotypic tests as well as some new PCR based assays are available for identifying isolates of Helicobacter from clinical specimens. [11]( http://bmb. oxfordjournals. org/content/54/1/17. full. pdf) Chemotherapeutic Methods of Control, Treatment, and Eradication Treatment If you are found to have Helicobacter pylori infection, you may wish to have antibiotic treatment of some kind. Treatment of Helicobacter pylori is usually simple ; straight forward. However, occasional patients need repeated endoscopies, biopsies, breath tests and several courses of treatment with different antibiotic combinations. After treatment of H. pylori, it is necessary to repeat one of these tests to see if the germ has been killed or eradicated for good. Only breath tests or endoscopy with biopsy can be used to prove that the bacterium has been eradicated. The blood tests *(serology) is not suitable to monitor H. pylori eradication because antibodies to H. pylori may remain positive for months or even years after successfully killing the H. pylori. [3] (http://www. helico. com/? q=TreatmentForHelicobacterPylori) Eradication Prolonging the treatment period is a possible strategy for improving H. pylori eradication rates. Several studies have been published that tested this approach, including this paper by Calvet et al. These authors studied the value of extending PPI-based triple therapy from 7 to 10 days and found no additional benefit for patients with peptic ulcers. There was, however, a significant benefit for nonulcer dyspepsia patients (an increase from 66% to 77% in the intention-to-treat analysis and from 73% to 91% in the per-protocol analysis). The authors concluded that the treatment period should be extended from 7 to 10 days for patients with nonulcer dyspepsia. As most eradication therapy, however, is given to patients with uninvestigated dyspepsia, it is not unreasonable to argue that longer therapy should be given to all subjects. Distinguishing between patients with ulcer and nonulcer dyspepsia is therefore rather academic and impractical. The most obvious one is that existing PPI-based triple therapy regimens are not perfect. In the community at large, up to 30% of patients might fail this therapy. If clinicians prescribe triple therapy it should therefore be prescribed for longer than 7 days. This runs the risk of decreased patient compliance, more side effects and a greater cost, but ultimately it boils down to local and national guidelines, which vary from one country to another. You read "Research Paper Helicobacter Pylori" in category "Free Research Paper Samples" Alternatively, clinicians might consider some of the newer eradication approaches, such as use of fluoroquinolone-based therapy or sequential treatment. The latter comprises quadruple therapy over a 10-day period, starting with a PPI plus amoxicillin (1,000 mg twice daily) for the first 5 days, followed by PPI plus clarithromycin (500 mg twice daily) and tinidazole (500 mg twice daily) for another 5 days. Intention-to-treat analysis eradication rates of 97%, 92%, and 94% have been reported in children, adults and elderly patients, respectively. Ultimately, clinicians should still strive towards a much simpler eradication strategy, but this will require investment in novel antibiotic discovery or a better understanding of the pathogenesis of H. ylori. Either way, there is much to be gained from continued interest in this little organism. [4](http://www. medscape. com/viewarticle/525100_2) Immunological Responses Lifelong Helicobacter pylori infection and its associated gastric inflammation underlie peptic ulceration and gastric carcinogenesis. The immune and inflammatory responses to H. pylori are doubly responsible: gastric inflammat ion is the main mediator of pathology, and the immune and inflammatory response is ineffective, allowing lifelong bacterial persistence. However, despite inducing gastric inflammation, most infections do not cause disease, and bacterial, host and environmental factors determine individual disease risk. Although H. pylori avoid many innate immune receptors, specific virulence factors (including those encoded on the cag pathogenicity island) stimulate innate immunity to increase gastric inflammation and increase disease risk. An acquired T helper 1 response up regulates local immune effectors. The extent to which environmental factors (including parasite infection), host factors and H. ylori itself influence T-helper differentiation and regulatory T-cell responses remains controversial. Finally, effective vaccines have still not been developed: a better understanding of the immune response to H. pylori may help. [5](http://www. ncbi. nlm. nih. gov/pubmed/17382275) Pathological Information Until the discovery of Helicobacter in 1982, ulcers were thought to be caused by stress. Now it is known that ulcers, in addition to gastritis, are caused by a bacterial infection of H. pylori. Though relatively easy to treat with antibiotics, H. ylori can be a risk factor for gastric cancer if it becomes a long-term infection [6] (Stated by D. J. Kelly, 2004. The University of Sheffield). The body’s natural defenses cannot combat H. pylori because white and killer T cells cannot easily get through the stomach lining. The defense cells eventually die, spilling their superoxide radicals on stomach lining cells, on which H. pylori can feed[6] (Stated by Helicobacter Foundation, 2004). Epidemiology Information The frequency of H pylori infection in the United States may be linked to race. White persons account for 29% of cases, and Hispanic persons account for 60% of cases. Internationally, H pylori are a ubiquitous organism. At least 50% of all people are infected, but an exact determination is not available, mostly because exact data are not available from developing countries. H pylori may be detected in approximately 90% of individuals with peptic ulcer disease; however, less than 15% of infected persons may have this disease. The mortality rate related to H pylori infection is not precisely known, but it seems to be minimal (i. e. , approximately 2-4% of all infected people). Mortality is due to the complications of the infection, uch as gastric ulcer perforation or MALTomas of the GI tract. Otherwise, the morbidity of H pylori infection can be very high. [7](http://emedicine. medscape. com/article/176938-overview#a0199) The pathogenetic role of H pylori may differ depending on geography and race. White persons are infected with H pylori less frequently than persons of other racial groups. The prevalence rate is approximately 20% in white persons, 54% in African American persons, and 60% in Hispanic persons. No sex predilection is known; however, females have a higher incidence of reinfection (5-8%) than males. H pylori infection may be acquired at any age. According to some epidemiologic studies, this infection is acquired most frequently during childhood. Children and females have a higher incidence of reinfection (5-8%) than adult males. [7](http://emedicine. medscape. com/article/176938-overview#a0199) Cultural Characteristics Approximately two-thirds of the world’s population is infected with H. pylori. In the United States, H. pylori are more prevalent among older adults, African Americans, Hispanics, and lower socioeconomic groups. It is not known how H. ylori are transmitted or why some patients become symptomatic while others do not. The bacteria are most likely spread from person to person through fecal-oral or oral-oral routes. Possible environmental reservoirs include contaminated water sources. Iatrogenic spread through contaminated endoscopes has been documented but can be prevented by proper cleaning of equipment. [8](Centers for disease and control prevention) Case St udy 1 Title: Correlation of Helicobacter pylori and gastric carcinoma. Authors: Khanna, AK, Seth, P, Nath, G, Dixit, V K, Kumar, M Issue Date: 26-Jan-2002 Citation: Khanna AK, Seth P, Nath G, Dixit VK, Kumar M. Correlation of Helicobacter pylori and gastric carcinoma. Journal of Postgraduate Medicine. 2002 Jan-Mar; 48(1): 27-8 Language: Eng. Type: Journal Article Abstract: BACKGROUND: Difference of opinion about the prevalence of H. pylori association with gastric cancer exists in the literature. AIMS: To study the correlation of Helicobacter pylori (H. pylori) to gastric carcinoma. METHODS: 50 proved cases of gastric cancer were studied by rapid urease test, culture, histopathology and ELISA test for H. pylori IgG. RESULTS: 68% of cases of gastric cancer were found to be positive for H. pylori infection as compared to 74% of healthy controls. CONCLUSIONS: The prevalence rate of H. pylori infection in our patients of gastric cancer was lower than in the control population though statistically not significant, suggesting that H. pylori may not be responsible for gastric carcinogenesis in this population. Source URI: http://www. jpgmonline. com URI: http://imsear. hellis. org/handle/123456789/116058 MeSH: * Adult * Case-Control Studies * Enzyme-Linked Immunosorbent Assay * Female Helicobacter Infections –complications * Helicobacter pylori –isolation purification * Humans * Male * Middle Aged * Prevalence [9](http://imsear. hellis. org/handle/123456789/116058Stomach Neoplasms –microbiology) Case Study 2 Title: Helicobacter pylori in dental plaque of children and their family members. Authors: Gill, H H, Shankaran, K, Desai, H G Issue Date: 1-Sep-1994 Citation: Gill HH, Shanka ran K, Desai HG. Helicobacter pylori in dental plaque of children and their family members. Journal of the Association of Physicians of India. 1994 Sep; 42(9): 719, 721 Language: Eng. Type: Journal Article Abstract: A prospective study was undertaken to determine the presence of Helicobacter pylori in the dental plaque of children and their family members. 22 children (age range: 2-12 years; males: 16) admitted to the pediatric ward for various disorders and 17 healthy family members (age range: 7-40 years; males: 9) of 13 of these children were screened for presence of Helicobacter pylori in the dental plaque by the rapid urease test. H. pylori were detected in dental plaque of 82% (18/22) children and 88% (15/17) of family members. In 85% (28/33) of the positive cases the rapid urease test was positive within 1 hour. Our observations indicate that Helicobacter pylori are present in the dental plaque of majority of children and their family members. Source URI: http://www. japi. org URI: http://imsear. hellis. org/handle/123456789/95238 MeSH: * Child * Child, Preschool * Dental Plaque –microbiology * Family Health * Female * Helicobacter pylori –isolation purification * Humans * Male * Prospective Studies Appears in Collections: Journal of the Association of Physicians of India [10](http://imsear. ellis. org/handle/123456789/95238) Conclusion The author covered morphological characteristics, taxonomic information, biochemical/metabolic characteristics, chemotherapeutic methods of control/treatment/eradication, immunological responses, pathological information, and epidemiology in this paper. The overwhelming conclusion is that it is critical to survival of the human race that hygiene and education will be the best possible steps to overcome an increasing body of bacteria in our world. References 1. From Wikipedia, the free encyclopedia 2. http://www. gastro. theclinics. om/article/S0889-8553(05)70135-7/abstract) 3. http://www. helico. com/? q=TreatmentForHelicobacterPylori 4. http://www. medscape. com/viewarticle/525100_2 5. http://www. ncbi. nlm. nih. gov/pubmed/17382275 6. Stated by D. J. Kelly, 2004. The University of Sheffield 7. http://emedicine. medscape. com/article/176938-overview#a0199 8. Centers for disease and control prevention 9. http://imsear. hellis. org/handle/123456789/116058Stomach Neoplasms –microbiology 10. http://imsear. hellis. org/handle/123456789/95238 11. http://bmb. oxfordjournals. org/content/54/1/17. full. pdf How to cite Research Paper Helicobacter Pylori, Essays

Agency Problems free essay sample

Similar problems can arise between ordinary and preference shareholders, and between senior and junior creditors in bankruptcy (when creditors are the effective owners of the firm). The third agency problem involves the conflict between the firm itself—including, particularly, its owners—and the other parties with whom the firm contracts, such as creditors, employees, and customers. Here the difficulty lies in assuring that the firm, as agent, does not behave opportunistically toward these various other principals—such as by expropriating creditors, exploiting workers, or misleading consumers. In each of the foregoing problems, the challenge of assuring agents’ responsiveness is greater where there are multiple principals—and especially so where they have different interests, or ‘heterogeneous preferences’ as economists say. Multiple principals will face coordination costs, which will inhibit their ability to engage in collective action. 5 These in turn will interact with agency problems in two ways. First, difficulties of coordinating between principals will lead them to delegate more of their decision-making to agents. We will write a custom essay sample on Agency Problems or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Second, the more difficult it is for principals to coordinate on a single set of goals for the agent, the more obviously difficult it is to ensure that the agent does the ‘right’ thing. 7 Coordination costs as between principals thereby exacerbate agency problems. Law can play an important role in reducing agency costs. Obvious examples are rules and procedures that enhance disclosure by agents or facilitate enforcement actions brought by principals against dishonest or negligent agents. Paradoxically, mechanisms that impose constraints on agents’ ability to exploit their principals tend to benefit agents as much as—or even more than—they benefit the principals. The reason is that a principal will be willing to offer greater compensation to an agent when the principal is assured of performance that is honest and of high quality. To take a conspicuous example in the corporate context, rules of law that protect creditors from opportunistic behavior on the part of corporations should reduce the interest rate that corporations must pay for credit, thus benefiting corporations as well as creditors. Likewise, legal constraints on the ability of controlling shareholders to expropriate minority shareholders should increase the price at which shares can be sold to noncontrolling shareholders, hence reducing the cost of outside equity capital for corporations. And rules of law that inhibit insider trading by corporate managers should increase the compensation that shareholders are willing 4 These problems become more severe the smaller the degree of ownership of the firm that is enjoyed by the controlling shareholder.

Mccarthyism, Miller, and the Crucible free essay sample

Reasonable doubt was all that was necessary to accuse and sometimes convict someone of UN-American activities in the late 1 asss, early sasss. This period of time was known for McCarthy-?a time of extreme anticommunism, lead by Senator Joseph McCarthy (McCarthy). The United States pledged to contain the spread of communism globally, as well as locally, and did what it could to keep this promise. Americans began to fear that communism was leaking into the media, government, arts, schools, and other areas. This was called the Red Scare (Brinkley).One writer that used his era as a basis for his play, The Crucible, was Arthur Miller. He was able to capture the panic and mere insanity of many Americans in an allegorical way. The crusade against subversion played a significant role in the following: the actions and tactics of McCarthy, the reasons why Miller and other artists were targets Of McCarthy, and the relationship Of his play The Crucible to the events of the late sasss to the early 1 sass (Brinkley). We will write a custom essay sample on Mccarthyism, Miller, and the Crucible or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Senator Joseph McCarthy used many tactics to persuade Americans to oppose communism and indict those who supported it.Communism had angle shape, and Americans were worried that people in the U. S. Would start leaning to the far left like several other countries such as the USSR and China (Checkers). In order to prevent this, the Congressional House UN- American Activities Committee (HUGH) was founded. The Committees purpose was to investigate those organizations and individuals it deemed UN-American. They first went to Hollywood because the movie industry was considered corrupted. Ten individuals, called the Hollywood Ten, were asked to testify against other Holly. DOD residents who were questionable unionists. Some of the Hollywood Ten refused to answer the Yuccas questions so they were charged with contempt and sent to prison (HUGH). The Federal Loyalty Program was also established at this time in order to question the trustworthiness of federal employees. Many were questioned and fired with the reasoning that they were considered a threat to their employers. State and local governments wanted to rid themselves of all kinds of subversives (Checkers). On February 9, 1950 in Wheeling, West Virginia, the crusade against subversion took a significant radical turn.Wisconsin Senator Joseph McCarthy gave a speech, and in it he stated, l have here in my hand a list of two hundred and five [people] that were known to the Secretary of State as being members of the Communist Party and who nevertheless are still working and shaping the policy of the State Department(Enemies). This was a very bold move by McCarthy because he was outright accusing over two hundred of his fellow co-workers of communist activity. Over the next few years, McCarthy became very well known for his bold tactics to expose alleged communists.Most Americans ere too afraid to stand up to him, including President Dwight D. Eisenhower (McCarthy). Eventually, however, people who were being affected by McCarthy began questioning his harsh tactics and his objectives concerning communism. McCarthy affected people of all races, ethnicities, and professions. The American people were terrified of communism, yet the Truman administration did nothing to curb these fears. People lost their jobs, not only because of heavy investigation by the HUGH, but also because private employers felt obligated to follow the Hijacks warnings.The Hollywood Ten as not the only group of people that were questioned in Hollywood; they were just the ones who refused to testify in court. Nine others, however, agreed to cooperate with the HUGH (HUGH). Many artists, both in literature and in the movies, incorporated McCarthy in their work. Arthur Miller was one of these individuals. During this time, Miller wrote his play, The Crucible. Critics liked it, but they were afraid to admit it due to the controversial plot (Miller). Because of this controversial plot, Miller was asked to appear in court, under the belief that he would not be asked to name names.However, he was asked to reveal names of fellow co-workers and friends. Because he would not reveal any information, he was found guilty of contempt and was given a fine and a sentence of 30 days in prison (a year later, this ruling was overturned). Nevertheless, his famous work, The Crucible, was an original piece of innovative intelligence based on the House Un-American Activities Committees actions over alleged communism in Hollywood paralleling themes to the Salem witch trials of 1692. The Crucible was a very significant allegory of the events of the late 1 asss and 1 asss.Those accused in The Crucible and those accused during the McCarthy hearings were found guilty with little evidence. One would think that such outrageous accusations, with so little proof, would easily be dismissed. In both times in history, the people that were being affected were scared and could find no other way to cope with the fright than to place blame on one another (Miller). The innocent were accused and put in a melting pot where they had to make a choice whether they would give in and continue placing blame or stand up to the hypocrisy.Their careers and lives were unjustly ruined. Hysteria was the central theme of Millers play. Hysteria disposed logic and allowed people to believe that their neighbors and friends, whom they had always believed to be respectable people, were committing ridiculous crimes. As Reverend Paris, the detested local preacher, used the witch hunt to his benefit, Joseph McCarthy used anticommunism to his. Both striver to strengthen their positions in society. The Crucible was Millers modern day version of the Salem witch hunts that he himself participated in (Salem).The worldwide threat of communism undoubtedly had a great impact upon society in the late 1 sass to the early 1 asss, including the actions and tactics Of McCarthy, why Miller and Other artists were targets Of Mica rhythms, and the relationship of The Crucible to the events of the era. This threat of communist activity in the U. S. Led to the unjust persecution of many prominent and well-respected individuals. A similar fear existed in Salem in the late sasss. This fear triggered the loss common sense in many high positioned persons. The excuse of reasonable doubt led to innocent Americans destructions]both personally and socially.

Greenhouse Effect and Global Warming Essay Example

Greenhouse Effect and Global Warming Essay Example Greenhouse Effect and Global Warming Paper Greenhouse Effect and Global Warming Paper Essay Topic: Renewable energy Today, we have plenty of scientific evidence to prove that our planet together with human ace is in great danger. The turning point was discovery Of ozone hole in the asss, so all the events that maybe have past unnoticed previously are now not just under the close eye of scientists but the public too. The reason is that scientists have proved their pessimistic predictions of the future and that politicians and world media are putting a great pressure on the topic that the Earth is threatened by people and that we can not just stand still but we have to do something about it. One of the biggest threats of our time is the Global Warming. The most important fact for the beginning of discussion of his problem is to separate the Global Warming from the Greenhouse Effect. They are often being mixed and Greenhouse Effect is usually being related to negative connotations. Term Greenhouse Effect was first used by atmospheric scientists in the early asses. It was used to describe the naturally occurring functions of trace gases in the atmosphere and did not have any negative connotations. Than in the mid-asses this term was related with concern over climate change. Pick] This effect occurs because greenhouse gases allow incoming solar radiation to pass through the Earths atmosphere, but prevent most of the outgoing infrared radiation from the surface and lower atmosphere from escaping into outer space. This process occurs naturally and has kept the Earth s temperature about 60 degrees Fahrenheit warmer than it would otherwise The greenhouse effect is very importa nt because current life on Earth would not be possible without the natural greenhouse effect. Planet Earth would not be warm enough for people to exist. : On the other hand if the greenhouse effect becomes stronger than it should be, Earth will become warmer than usual. Concerning fact is that even a little extra warming can cause natural disasters for humans, plants, and animals- the complete Earths life. The main reason for the Greenhouse Effect are gases like water vapor ([Pick] ), carbon dioxide ([Pick]), methane([Pick]), and nitrous oxide ([Pick]). They all act as effective global insulators. In order to classify Earth regarding the planet warmth we can use the Goldbricks Principle which says that -Venus is too hot, Mars is too cold, and Earth is just right. A Venus-type atmosphere would produce hellish, Venus-like conditions on our planet; a Mars atmosphere would leave us shivering in a Martian-type deep freeze. Because average surface temperature of Earth is between oiling point and freezing point of water, our planet is capable of preserving the living world. Moderate temperatures made by Greenhouse Effect on Earth are also the result of having just the right kind of atmosphere. [Pick] Global Warming on the other hand is a just an increase in the Earths average temperature. The alarming fact is that Earths average atmosphere temperature has increased in the last decades. Nobody can tell for sure why, maybe it is a natural process, but a lot of scientists suspect that it is a consequence of the human act, in other words increased percentage of roundhouse gases produced in industrial chemical reactions that started since the Industrial Revolution. Earth is warming up and scientists say that rapid change in temperatures Will lead to severe changes in weather and climate of the Earth. Scientists predict that temperature on our planet will keep increasing for the next 100 years. Average world temperature in 21 00 would be 1 C degree warmer than in 1990 but considering sensitivity of the climate it can rise to even 3. 5 C degree. The official I-JNI International Panel of Climate Change also backs up this claim by publishing statistics which state that true warming estimates are to go up from 2. 5 to 10. 4 F by 21 00 (Spencer). The global sea level has increased between 10 and 25 centimeters in the last decade. They could rise by 15-95 centimeters by 2100. This will be the greatest change in weather and climate conditions for the last 10,000 years. The consequences of the Global warming would lead to increase in the hot days. It would lead to the melting of polar ice caps, leading to the enormous flooding. On the other side it would lead to the spreading of desert, even across the continents like Europe. Animal and plant world would probably not survive such conditions. I also have to mention that these consequences are dual. There is a possibility that lobed, the term used to define the percentage of solar energy reflected back by Earth, will get bigger with the increase in greenhouse gases which will also lead to increased clouds surface. What this means is that more Suns energy will be reflected back, and the temperatures will actually drop down leading to the new Ice Age. (Spencer) There are some steps we can do to prevent this. If we reduce the energy consumption, like lessen the need for burning coal and oil, switching to hybrid cars, it would lead to the reduced missions of greenhouse gases like carbon dioxide and nitrous oxide. Using renewable and clean sources of energy like solar, wind and hydro electric power would certainly help to reduce the danger of global warming. The biggest Step in taking some serious action about this problem is the Kyoto Treaty or Kyoto Protocol. The Kyoto Protocol is an international agreement setting targets for industrialized countries to cut their greenhouse gas emissions. The protocol was agreed in 1 997, based on principles set out in a framework convention signed in 1992. Industrialized countries have omitted to cut their combined emissions to 5% below 1 990 levels by 2008 2012. Each country that signed the protocol agreed to its own specific target. EX. countries are expected to cut their present emissions by 8% and Japan by Some countries with low emissions were permitted to increase them. LISA did not sign the Kyoto Treaty. The Global Warming is very sensitive topic. It is a bias topic. There are lots of opinions and assumptions, but there are two opposite currents of scientists opinions. Briefly, one is saying that we are in danger if do not do something, and the other is saying that it is exaggeration of the actual facts. DRP. Roy W. Spencer, the recipient of Annas Medal for Exceptional Scientific Achievement and the American Meteorological Society Special Award for his satellite based temperature monitoring, is a rare example and has opposite opinion than the rest of scientific elite. (Spencer) He gave his opinion to the public in recent presentation while being a guest at Longwinded University. DRP. Roy W. Spencer started his presentation Global Warming: How Much Of a Threat? with the sentence Yes, Global Warming is REAL, BUT! DRP. Spencer was sousing on how much of the global warming was natural vs. man-made. The points made at this presentation are base proof facts for already mentioned small group of scientists that are saying that the hysteria over the global warming is false and over exaggerated. Opinions are that Global Warming is not much of a threat because 90% of Global Warming is due to water vapor, not CO. Statistics say that 75% of the potential warming from the natural greenhouse is never realized (Spencer). Beliefs in serious global warming are matters of faith! For example people always think pessimistic rather than optimistic, like beliefs that Earth is rather fragile than resistant! (Spencer). Even though we live today in the world of the modern technology the fact is that we still know very little about our atmosphere and climate. Poor climate prediction models are just some of the representations how little we know about the Mother Nature around us. There were considerable differences in temperature increase predictions between the surface data and satellite data. Because of the big gap, adjustments were made to the satellites data like MSIE instrument temperature change, observation time-of-day change, etc, ND it was found that even after adjusting the data, differences in temperatures predictions are still way off (Spencer). There is global hysteria about global warming, especially in the media. We know so little, so we should not worry about it that much, and the cost of doing something about it is just too big to justify the cost (Spencer). Planet Earth still stands after few billions years, and human race is still preserved after thousands of years even though Earth went through several periods Of Ice Ages and Global Warnings. Current Global Warming is just natural process in functioning of he Planet Earth. The scientific proof that backs up this theory is orbital shifts. This theory of orbital shifts that causes the waxing and waning of ice ages, was first pointed out by James Scroll in the 1 9th Century and later developed more fully by Militia Melancholic in 1938 (Spencer). Not signing a Kyoto Treaty was a right move by the United States Government and President George Bush. The results of Kyoto Treaty are immeasurable and it weakens the economies of the countries who have signed it. We know so little about this problem, people want to help solve this problem but they are unaware of he sacrifice. Cost is too big. We should not panic about the hazardous consequences of Global Warming, it is just mass hysteria pushed by media (Spencer). My personal opinion is that I agree with the majority of scientists and think that we are endangering our planet. Although the other side has some good points and excellent credentials like DRP. Spencer I still think they are wrong. It is true that we do not know a lot about our atmosphere and climate but that is not the reason to just stand still and wait for a disaster to happen. It is the better idea to prevent it rather than trying to ix it after it happens.

Assessing the Marks and Spencers retail chain

Assessing the Marks and Spencers retail chain Marks and Spencer is a British retail chain with over 800 stores in around 30 countries (600 in the UK). Food and clothing retail play a large part in the Marks and Spencer corporate strategy. The Marks & Spencer business model has had to adapt to change and consumer trends over the years to maintain the company’s position as one of the largest retailers in the world. Marks and Spencer (M&S) is a heritage of the British retail and has been present for nearly 130 years. Throughout the years, several individuals have led the organisation and distinct patterns of leadership style can be observed. The impact of leadership style at M&S will be compared to the organisation’s performance and critically evaluated against published leadership models. Covey, S.R. (1990) Historical leadership (1880-1990) (Mathieu) Until the middle of the 20th century, the customers and employees were divided in two classes: middle class and working class separating people who had money and the wo rking class who hadn’t. Additionally, women during this period seemed to have predominantly a reproducing role and did not have direct political power. Gender and classes have shaped the evolution of M&S dominated by strong powerful males from its early days [Rippin A. (2005)]. The leadership of M&S has been and still is dominated by men. Michael Marks founder of M&S had the traits of an entrepreneur. As the leadership was passed on through the family, increased competition within the heirs led to emergence of stronger characters. Michael’s son, Simon Marks and later Simon’s brother in law Israel Sieff changed the leadership style towards a stronger dictatorial influence. Both Marks and Sieff families had been victims of violence especially during the war and controversially established an organisation with ‘systematic symbolic violence’ and bullying [Rippin A. (2005)]. M&S managed to blur the gaps between the social classes, at least on the fashion aspect by the type of clothes provided by the company. Working class women could at last afford and wear elegant and aspiring clothing deemed to a superior class. Derek Raynor took over in 1983 which was a major transition from a family business to a plc. In 1988, Sir Richard Greenbury concentrated on the operational and financial of the organisation. In the following year however, M&S failed to transform significantly and became reactive [Stockport G.J. (2000)]. As the environment became more dynamic, customers’ expectation changed, competition became fiercer but M&S failed to keep up and adapt to the market. The family business became victim of their past success and lacking of a person with exceptional calibre to lead change through its professional debut. 2.0 Leadership transition Changes outside and inside M&S In 1997 M&S made over 1 Billion pounds of profit and accounted for over 16% of UK’s clothing market. The company was then valued at 19 Billion pounds. (199 7 Annual Report). 1998-1999 marked the start of an under performing period and share price plummeted by 40% [Cape Times Business Report (1999)]. As competitors such as Zara and Next took market share from the top end of the market while the same time value offerings were attacked by the supermarkets who were increasingly entering the same market. Peter Salisbury became CEO in 1999 and started to question the M&S ways of working. He placed an emphasis on empowerment by reducing the number of hierarchical layer from eight to seven, and promoting a sense of ownership and decision-making in local stores [Stockport G.J. (2000)].

General Public Lacks the Knowledge and Time to Contribute To Debates Essay

General Public Lacks the Knowledge and Time to Contribute To Debates about New Technologies - Essay Example This paper discusses the issues involved with public communication of risks related to new technology. Researchers have come up with models to explain the lack of knowledge regarding various risks. This paper aims to focus on exploring these models and evaluating them in the reference to the public’s views. Modern day examples of new technology risks such as Three Mile Island, Chernobyl and the recent Fukushima accidents have been discussed in detail to ascertain the level of knowledge that the public has on certain risks. New technologies have undoubtedly changed the life of man, mostly for the better. However, these same technologies also come with inherent risks that can cause untold damage to the environment, property and to human life. It is concluded that, the general public lacks the knowledge and time to contribute to debates about new technologies. This is mainly due the assumptions made by policy makers and experts on the level of information that people should acces s regarding new technology risks. Proper information dissemination during a disaster helps emergency officials to properly carry out rescue missions and damage control. Understanding the perception of the public regarding risks and disasters can go a long way in effectively communicating issues and facts to do with the risks. The public should be involved in debates and discussions about the risks that come with new technologies. This is one way of ensuring that all is taken into account when formulating policies to do with disaster management.

Dropout Rates In Educational Institutions Of Different Countries Research Paper

Dropout Rates In Educational Institutions Of Different Countries - Research Paper Example â€Å"Although high school graduates are attending college in record numbers, four in 10 are not adequately prepared for the course load that awaits them and are thus forced into remedial classes when they start college. This fact contributes to a staggering number of students pursuing a bachelor’s degree -- 42 percent, according to the infographic -- to drop out.† (Huffington Post) Course load: It seems that many students somehow manage to finish their high school but are not prepared for the challenging studies ahead. College education for such students becomes really tough which eventually forces many of them to drop out. In such cases, the academic performance of students during their high school comes into question because apparently, it did not prepare them for the tough studies ahead. Although in colleges remedial classes are offered to such students that are not doing well in their courses, if they have a weak grasp over their chosen courses then there is a possibility that they would not be able to pull it through college. Joining remedial classes requires extra effort on the part of the students and this may be a problem for those students that are working part-time or have other family-related responsibilities. The stress of the course-load for students with below-average academic performance may be overwhelming to an extent that they drop out of college/university. The percentage of such students is quite high-42%. This fact either pinpoints to the poor quality of primary and elementary education imparted in schools; or other problems like language barriers, which are more common in non-native students or students belonging to ethnic minorities.

Sport in school Essay Example for Free

Sport in school Essay Sport at school should NOT be compulsory. Sports training and PE take up time that could be better spent learning other subjects, and PE and Sport are not as important as other subjects like maths, science etc. It is also my belief that it students should have the right to choose whether or not we do sport/PE, because we are allowed to choose the subjects that are more important, so why are we not allowed to choose whether or not we do sport? Every year in PE, we do the same sports and the same practice drills, so after year 7, there is no point continuing to do PE, because the you are just doing the same things that you have done in previous years. 2 periods per cycle are spent on PE, 2 periods which could be spent on subjects like foreign languages, which are only allocated 4 periods per cycle or English or Science, which get 5 periods per cycle. These subjects are more important than PE and time the two periods given to PE would be better used if distributed to these subjects. As well as PE, we spent up to 3 hours a week at training and another 3 hours on Saturday for competition. Can you imagine students academic performances if we were to spent 6 hours a week doing homework or study? And it is not only the actual time you are at training that counts, because often, after training you are tired and cannot be bothered to do homework or study, again dragging down our academic results. If sport was optional, then the people participating in the teams would be the people that wanted to be there, the people who wanted to play and win. But instead, there are people in the teams who are not interested in the sport, not interested in winning and are only there because they have to be. These people drag down the team and ruin the sport for those that want to be there.

Essay on Picture of Dorian Gray: Dorian as Tragic Hero -- The Picture

The Picture of Dorian Gray:   Dorian as Tragic Hero      Ã‚   In "The Picture of Dorian Gray" by Oscar Wilde, we see a beautiful young man who makes tremendous efforts to transform the actual world into the idealistic world of art, dreams and sensations.   Dorian's quest, however, culminates in his ultimate tragic destruction. Given that Dorian lives a corrupt life, one is likely to focus on the negative aspects of his character.   In spite of his significant character flaws, Dorian Gray may still be considered a hero.   This essay will examine Dorian's degradation from the innocent world to the vicious, sensation-oriented world.   The elements contributing to Dorian’s status of tragic hero will then be discussed.    At the beginning, the general mood looks like pure and innocent expressed by the descriptions as follows: "the rich odours of roses...the light summer wind...the heavy scent of lilac"(Wilde 5).   This opening scene precisely symbolizes the world in which Dorian is situated at present.   Just like the beautiful setting, Dorian is a "beautiful creature"(7) and the portrait Basil draws shows Dorian's "extraordinary personal beauty"(5).   In other words, Dorian is in front of the mysterious gate of life that has immense possibilities.   At this point, Dorian is ignorant about both the world of idealistic art and the world of mundane, earthly values.   Dorian merely possesses "all youth's passionate purity"(17).    With the fateful encounter with Lord Henry, Dorian is ushered into a world of idealistic art and beauty.   Lord Henry plays a key role in introducing a new world in which beauty, youth and sensations dominate.   First, Lord Henry employs a powerful strategy of developing Dorian's self-consciousness of his ow... ...t in order to â€Å"kill the past† and â€Å"monstrous soul-life†(192).    Works Cited Bloom, Harold. Oscar Wilde. New York: Chelsea House Publishers, 1985. Cohen, Ed.   Talk on the Wilde Side.   Great Britain: Routledge, 1993. Ellman, Richard. Oscar Wilde. New york: Alfred A. Knopf Inc., 1987. Eriksen, Donald. Oscar Wilde. Boston: Twayne Publishers, 1977. Freidman, Jonathan (edited).   Oscar Wilde: A Collection of Critical Essays.   New Jersey: Prentice-Hall, 1996. Hart-Davis, Rupert. The Letters of Oscar Wilde. New York: Harcourt, Brace and World, 1962. Juan, Efifanio. The Art of Oscar Wilde. New Jersey: Princetown University Press, 1991. Weintraub, Stanley (edited).   Literary Criticism of Oscar Wilde.   Nebraska: University of Nebraska Press, 1968. Wilde, Oscar. The Picture of Dorian Gray. New York: Random House, Inc., 1992.    Essay on Picture of Dorian Gray: Dorian as Tragic Hero -- The Picture The Picture of Dorian Gray:   Dorian as Tragic Hero      Ã‚   In "The Picture of Dorian Gray" by Oscar Wilde, we see a beautiful young man who makes tremendous efforts to transform the actual world into the idealistic world of art, dreams and sensations.   Dorian's quest, however, culminates in his ultimate tragic destruction. Given that Dorian lives a corrupt life, one is likely to focus on the negative aspects of his character.   In spite of his significant character flaws, Dorian Gray may still be considered a hero.   This essay will examine Dorian's degradation from the innocent world to the vicious, sensation-oriented world.   The elements contributing to Dorian’s status of tragic hero will then be discussed.    At the beginning, the general mood looks like pure and innocent expressed by the descriptions as follows: "the rich odours of roses...the light summer wind...the heavy scent of lilac"(Wilde 5).   This opening scene precisely symbolizes the world in which Dorian is situated at present.   Just like the beautiful setting, Dorian is a "beautiful creature"(7) and the portrait Basil draws shows Dorian's "extraordinary personal beauty"(5).   In other words, Dorian is in front of the mysterious gate of life that has immense possibilities.   At this point, Dorian is ignorant about both the world of idealistic art and the world of mundane, earthly values.   Dorian merely possesses "all youth's passionate purity"(17).    With the fateful encounter with Lord Henry, Dorian is ushered into a world of idealistic art and beauty.   Lord Henry plays a key role in introducing a new world in which beauty, youth and sensations dominate.   First, Lord Henry employs a powerful strategy of developing Dorian's self-consciousness of his ow... ...t in order to â€Å"kill the past† and â€Å"monstrous soul-life†(192).    Works Cited Bloom, Harold. Oscar Wilde. New York: Chelsea House Publishers, 1985. Cohen, Ed.   Talk on the Wilde Side.   Great Britain: Routledge, 1993. Ellman, Richard. Oscar Wilde. New york: Alfred A. Knopf Inc., 1987. Eriksen, Donald. Oscar Wilde. Boston: Twayne Publishers, 1977. Freidman, Jonathan (edited).   Oscar Wilde: A Collection of Critical Essays.   New Jersey: Prentice-Hall, 1996. Hart-Davis, Rupert. The Letters of Oscar Wilde. New York: Harcourt, Brace and World, 1962. Juan, Efifanio. The Art of Oscar Wilde. New Jersey: Princetown University Press, 1991. Weintraub, Stanley (edited).   Literary Criticism of Oscar Wilde.   Nebraska: University of Nebraska Press, 1968. Wilde, Oscar. The Picture of Dorian Gray. New York: Random House, Inc., 1992.   

Case Study Bill & Melinda Gates Foundation Essay

Traits are distinguishing features, or characteristics or properties of an individual. The chapter discusses the Big Five Model of Personality traits and uses it as an accepted guide to classify personalities. Both Bill and Melinda Gates possessed various aspects of each category listed within the realm of the Big Five. Bill was able to dominate the PC world because he possessed characteristics from the Big Five. He has a strong need for surgency, which includes dominance, extraversion and high energy with determination (Lussier & Achua, pg. 37). From early on it appears Bills’ desire was not only dominate his field but be a leader. It is stated in the text that in order to reach full leadership potential one must want to be a leader, work to develop those skills and enjoy it (Lussier & Achua, pg 38). He was open to new experiences and used others and their experiences and knowledge to sharpen his initial ideas. For instance in the assigned reading Gates was described as abras ive and demanding a boss who encouraged creativity and recognized employee achievements (Lussier & Achua, pg 64). He understood the value of partnerships and working together with outside entities to obtain his goal. He was willing to confront others in regards to their ideas but was also able to accept criticisms and tuning on his ideas. â€Å"During the â€Å"Bill† meetings â€Å"Gates often interrupted presentations to question facts and assumptions; at times shouting criticisms and challenges to his team.† Another trait from the Big Five that Bill possessed was his ability for Openness to Experience. He had the uncanny ability to adjust to different situations and changes. He was able through his innovation which is also inspired in his staff stay ahead of the immense number of changes his industry experience; including the changes he himself created. He was highly intelligent He was willing to try new ideas and a new and improved innovated way of looking at the PC world, which attributed to his success. He also possessed conscientiousness where he carries responsibility and achievement traits. Bill Gates founded Microsoft as a partnership in 1981. He convinced IBM to include his operating systems into their PCs and in 2004 Microsoft was the world’s third largest public company ahead of IBM itself. This proves his achievement over the time in growing the business stronger and solid. Melinda was a successful founder and leader because she possessed the agreeableness personality trait. She had a behavior that was warm, caring charming, and compassionate, which made it easy t o influence and  persuade others to get involved. Bill also shared this trait with Melinda.

How Does Knowledge of the Foundations and History of Nursing Provide a Context in Which to Understand Current Practice? Essay

Without an understanding of basic nursing there is no room for improvement. â€Å"By understanding the history and foundation of nursing nurses can develop a sense of professional identity and build a better future for the profession and the people they serve† (lc.gcumedia.com, 2013). We also have a better appreciation for the nursing profession and what it has evolved into today. Three trends that were demonstrated by the interactive timeline were: 1.Nursing was for the undesirables. â€Å"Ill individuals were taken care of by â€Å"sinners, saints, or mothers† â€Å"(lc.gcumedia.com, 2013). Florence Nightingale was born in a wealthy English family and had educational opportunities; however she would still often find herself wanting to help the poor. Soon after completion of nursing school she travelled to the Crimea War. There she suggested there were â€Å"five essential components to an optimal healing environment; pure air, pure water, efficient drainage, cleanl iness and light† (Kelly, 2012, p. 2397). With those changes alone the mortality rate decreased and the meaning of nursing was forever changed into what we know today. 2.Nursing was predominately for males. Like every profession in the past, men would work while women stayed at home. During war men would act like nurses by treating injured soldiers and attempting to save others lives. Florence Nightingale once again changed nursing from the past to what we know today by walking on the battle fields rendering aid to those who were wounded. 3.The birth of the American Nurses Association. The American Nurse Association (ANA) was founded in 1896. The ANA has enabled nurses to achieve higher education and given them more opportunities by providing routes to become credentialed in certain specialties and â€Å"published a vast collection of material on nursing practice and the profession† (lc.gcumedia.com, 2013). These trends have influenced me by making me thankful to all who have made nursing what it has become. Today’s nurse has evolved from a profession of the â€Å"undesirable† to the â€Å"honorable†, changed from a profession that was predominately male to n ow include females and lastly grown from only an individual’s perspective to having a huge voice within a major organization (ANA). The nursing profession has come a long way and there is always room for improvement but without the knowledge of foundations and history it wouldn’t be where it is today. References http://lc.gcumedia.com/zwebassets/couseMaterialPages/nrs430v_timeline.php. Kelly, J. (2012). Editorial: What has Florence Nightingale ever done for clinical nurses?. Journal Of Clinical Nursing, 21(17/18), 2397-2398. doi:10.1111/j.1365-2702.2010.03455.x

dazzy essays

dazzy essays Proposed topic: How the World is changing due to the effects caused by Global Warming The reason for this topic is our increasingly changing climate. Every year our climate continually is changing and becoming warmer. However it's becoming more and more difficult to change our polluting ways. Though this documentary I'd like to get the publics attention about our ever-changing climate. For this topic I would like to have a god like sounding narrative voice. A demanding voice, with both compassion, and intelligence. This voice is necessary to get the point across. The thesis for this documentry is "how can we prevent the destruction of our climate." This thesis is necessary because the side this documentry well be taking is to focus on how we can change or stop the damage which has been done to our environment. More so with this thesis there is many branches that lead to informative and substantial evidence to support this thesis. Seemingly this thesis also gives room for the solutions to this problem. Through this thesis I hope to narrow my topic and also allow enough room for a insightful and interesting documentary. The target audience for this documentary is anyone with the concern for the environment. However it really effects everyone on this planet. Theoretically this documentary is directed at everyone. Research on this subject is very extensive and information on it is easy to find. For instance just look at the winter that has just passed for evidence. Several questions to be answered from this documentary would be; 1. What changes are to be expected in the future? 2. What consequences of these changes can we expect? I'd use an upbeat, original, and futuristic style. By incorporating wide angle ...

Hitler and the crime against humanity Research Paper

Hitler and the crime against humanity - Research Paper Example Crimes against humanity are described as offenses that are abhorrent in nature, which affects the dignity of a human being. It is grave humiliation or degradation of one or more human beings at the same time. Such events are either part of some government policy or they might be a wide practice of atrocities tolerated or ignored by the government. However, these are not isolated or sporadic events. If acts such as murder, extermination, torture, rape, political, racial or religious persecution are a part of widespread practice, then only they are considered as the crimes against humanity.In other words, crimes against humanity are attacks, which are widespread and systematic on the civilian population, irrespective of the fact whether people are nationals or non-nationals. In addition, irrespective of the fact whether the crimes are committed in times of peace or war. These crimes are such, which are against the humanity, and such that they violate the human values and rights. Accord ing the international law ‘war crimes’ and ‘genocide’ fall in the same category as ‘crimes against humanity’ (Holocaust, genocide and crimes against humanity, pp 7-8). A systematic, state sponsored, persecution and slaughter of round about 6 million Jews and many other ethnic, secular and religious groups by the Nazi regime under Adolf Hitler is popularly known as the Holocaust.Among the six million Jews, two-thirds of the total European Jewish population and two-fifths of the Jews in the entire world were slaughtered. Among the other nationalities which suffered under the holocaust, there were the Poles, Czechs, Greeks, Gypsies, Serbs, Ukrainians, Russians, homosexuals, mentally and physically challenged, trade unionists, prisoners of war, Jehovah witnesses and many others. It was because of the perceived racial inferiority that most of the people suffered. Adolf Hitler Germany was ruled by Adolf Hitler from 1933-1945. He governed as a dictato r. In 1939, Germany was turned into a powerful machine by Adolf Hitler and started World War II. In 1945 before he was defeated, he conquered most of the Europe Death was spread by Hitler as it was never spread by anyone.’ Close your eyes to pity, Act brutally!’ is what he told his soldiers. People who went against him were ordered to be executed or thrown into prison. If his orders were even resisted by one person, an entire family or at times hundreds of people of a town would be shot dead by his troops. Hitler had something against the Jews. He hated the Jewish people and he ordered them wiped out in countries that he controlled. There were numerous concentration camps set by the Hitler in which 6 million Jews and millions of other people were murdered. Before being murdered, many of these victims were tortured or starved to death. Many even died due to various diseases. Hitler wanted to be a priest when he was a young boy and he sang in a church choir. He hated Chr istianity as an adult and he believed that it was a religion for weaklings. Adolf Hitler started to get power and rise in power in 1919. This was in the year, when there was an end to World War 1. In the war, the old German Empire had been defeated. This led the economy of the country to lie in ruins. A small group of men had organized the National Socialist German Workers’ Party of whom Hitler became the leader. The members of the party were known as the Nazis. Hitler infiltrated a ray of hope among his followers that he can win back Germany’s past glory. He promised that he would rebuild Germany into an empire, which would be mighty and would last a thousand years. Hitler threatened to wage a war and lied to gain territory of Europe after he became the dictator of Germany. Leaders of countries such as the Great Britain, France and others tried to prevent the war. They did this so that Hitler can have his way at first. When Hitler’s hunger for power increased t hese countries joined to fight him. Hitler was famously known to be

Religious Imagery in The Glass Menagerie Essay Example | Topics and Well Written Essays - 500 words

Religious Imagery in The Glass Menagerie - Essay Example Religious Imagery Act 1 Scene 4: Probably one of the strongest religious images in the play is the trivialized representation of Christ in the person of the magician named Malvolio (i.e., â€Å"hatred†). Malvolio changes water into wine, then to beer, and finally whiskey. By depicting one of the most popular miracles of Christ (The Wedding at Cana) as a mere trick or illusion, the image is a commentary on superficial religiosity, and Christ compared to a mere magician. Finally, Malvolio rises from a nailed coffin without any injury, quite apparently a farcical re-enactment of Christ’s Resurrection. In a way, the Resurrection encapsulizes the theme that runs through the play, which is all about escape. Act 2 Scene 8: Another religious symbol is also that of Christ as Savior, in the person of Jim, the should-have-been suitor to Laura. Tom brings Jim home on the orders of Amanda, in the hope that romance would blossom and they would eventually get married. The dinner scene was quite suggestively called â€Å"Annunciation† in the stage direction, depicting Tom as the messenger who informs the virgin Laura of the coming of the Savior (Jim).

Law Essay Example | Topics and Well Written Essays - 750 words - 3

Law - Essay Example Similarly, in CTN Cash and Carry Ltd v. Gallaher Ltd, the court ruled that the practical benefit accruing to the promisor constituted consideration for the additional payment.2 Moreover, in the Central London Property Trust Ltd V. High Trees House Ltd, The tenants relied upon the principle of estoppel against the landlord and prevented him from enhancing the rent.3 Furthermore, in Tool Metal Manufacturing Co Ltd v. Tungsten Electric Co Ltd, the Law Lords ruled that the promise was binding during the period of suspension, and that after furnishing reasonable notice, the owners could receive the compensation payments.4 In our case, the Idyllic Hotels Limited stood to realise a considerable profit, if the work were to be completed in time. At the same time, if there was any delay in the construction, the room bookings would have been cancelled, leading to considerable loss to Idyllic Hotels Limited. This practical benefit constitutes the consideration for extra payment. Exclusion clauses fall under the purview of the Unfair Contract Terms Act 1977 and the Unfair Terms of the Consumer Contract Regulations 1999. The Unfair Contract Terms Act 1977 renders businesses liable for violation or circumvention of statutory obligations, in the normal course of business. In Thornton v. Shoe Lane Parking the court held that the exclusion clause was not applicable, since the exemption clause had not been included in the contract. Hence, the company was held liable for the personal injury caused due to its negligence.5 In Hollier v Rambler Motors (AMC) Ltd, the latter’s attempt to evade liability by resorting to an exclusion clause was disallowed by the Court of Appeal, which held that the defendants were liable for any damage caused by fire, due to their negligence.6 The Vitus Equipment Hire Ltd had provided a defective ladder to Urban. The outcome

Examining Ethnic Differences in Achievemen Essay Example for Free

Examining Ethnic Differences in Achievemen Essay 1. The definition of an ethnic group is a group of people of the same race or nationality that share the same cultural norms and values. 2. Three ways in which the education system may encourage separation between children of different ethnic backgrounds are: Labelling and teacher racism, many teachers label their students and studies by interactionist sociologists found out that many teachers labelled black children as disruptive and they didn’t want them in their class. Another reason is the ethnocentric curriculum. Troyna and Williams describe the curriculum in British schools as ethnocentric because it gives priority to white culture and the English language; this causes separation between white pupils and other ethnic pupils. A final reason is the selection and segregation available to schools. David Gillborn argues that marketization has given schools greater scope to select pupils. This puts some ethnic minority pupils at a disadvantage because selection gives more scope for negative stereotypes to influence decisions about school admissions. 3. There are many ways in which factors in children’s home background may lead to differences in achievement levels between ethnic groups. The first way is cultural deprivation; this is split into 3 aspects. The first is intellectual and linguistic skills. Cultural deprivation theorists argue that many children from low-income black families lack intellectual stimulation and enriching experiences. Bereiter and Engelmann consider the language spoken by low-income black American families as inadequate for educational success. The next aspect is attitudes and values. Cultural deprivation theorists say that some black children are socialised into a subculture that instils a fatalistic ‘live for toady’ attitude that does not value education and leaves them unequipped for success. The final aspect of cultural deprivation is family structure and parental support. Daniel Moynihan argues that because many black families are headed by a lone mother, their children are deprived of adequate care because she has to struggle financially in the absence of a male breadwinner. Also Ken Pryce claims that Asians are higher achievers because their cukture is more resistant to racism and gives them a greater sense of self-worth. However, he argues, black Caribbean culture is less cohesive and less resistant to racism. As a result, many balck pupils have low self-esteem and under-achieve. Another reason is Material deprivation and class. According to Flaherty; Pakistani’s and Bangladeshis are over three times more likely than whites to be in the poorest fifth of the population, as a result statistics show that Pakistani and Bangladeshi boys are among the lowest ethnic groups in the country to obtain 5 A-C GCSE’s. A final reason is racism in wider society. David Mason says â€Å" discrimination is a continuing and persistent feature of the experience of Britain’s citizens of minority ethnic origin. † 4. The differences in educational attainment between different groups of pupils have been a major focus of much sociological research. These differences can often be seen to be largely due to different social class, but also gender or ethnicity. Social class is the most significant and dominant factor when looking at these differences, but ethnicity also has a relative impact on educational achievement. Education has a key role to play in eradicating racism and valuing diversity and it a responsibility for all educational establishments, including those with few or no ethnic minority pupils. Promoting racial equality demands a whole school approach and commitment from all those who are involved in the life and work of their school. Racism is linked to the educational achievement of minority ethnic groups, however the connections are complex. Gilborn and Mirza conclude that ‘social class and gender differences are also associated with differences in attainment but neither can account for persistent underlying ethnic inequalities: comparing like with like, African Caribbean, Pakistani and Bangladeshi pupils do not enjoy equal opportunities. ’ They also argue that in promoting educational inclusion as a means of raising standards, there is a need ‘for clarity and guidance in translating the commitment to equality and inclusion into policy proposals and practice at the local and school level. Many cultural deprivation theorists see the lack of intellectual and linguistic skills as a major cause of under-achievement. Gordon Bowker identifies their lack of standard English as a major barrier to progress in education and integration into wider society. However the Swann Report found that language was not a major factor in under-achievement. Other cultural deprivation theorists suc as Charles Murray argue that a high rate of lone parenthood and a lack of positive male role models lead to the under-achievement of some minorities. Also Anthony Flew believes that ethnic differences in achievement stem from cultural differences outside the education system, not discrimination within it. However Geoffrey Driver criticises the cultural deprivation theory for ignoring the positive effects of ethnicity on achievement. He shows that the black Caribbean family, far from being dysfunctional, provides girls with positive role models of strong independent wome Driver argues this is why black girls tend to be more successful in education than black boys. Some socilogists that the ethnic differences in education are cause by racism. John Rex shows how racial discrimination leads to social exclusion and how this worsens the poverty faced by ethnic minorities. In housing, for instance, discrimination means that minorities are more likely to be forced into substandard acoomodation than white people of the same class. This creates separation due to the ethnic children not being able to study at home and therefore getting lower grades than the white children who are able to study at home.

History of Contract Law

History of Contract Law Contract Law In Brief – History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations. This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ‘roughshod’ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this. In the development of the concept and principles of the law of contract in this country the courts, in relation to various aspects of the topic, have reached many significant decisions. By way of illustration, one of the most famous cases in the whole of the law of contract must be the seminal decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, in relation to the distinction between an offer and an invitation to treat, that must be closely followed by the decision in Adams v. Lindsell (1818) 1 B Ald. 681, that served to establish the ‘postal rule’ that has since been somewhat adapted, through technological advancements, so as to also be read in accordance with Entores v. Miles Far East Corporation [1955] 2 QB 327. Moreover, the issue of mistake, as a reason for considering a contract to be void, was effectively illustrated by Bell v. Lever Bros Ltd [1932] AC 161, HL, that was also supported by the decision in Derry v. Peek (1889) 14 App Cas 337, HL, in r elation to the concept of misrepresentation. Finally, in relation to consumer protection, the decision in Saphena Computing v. Allied Collection Agencies [1995] FSR 616 is reflective of the need for quality in the goods that are offered by way of contract so that there are standards to be adhered to that can be redressed. In looking to consider whether a valid contract has been formed it is generally considered to be a good idea to look at the negotiations that have taken place between the parties. But this can be quite problematic where there there is a lengthy course of negotiations between the parties because it may be difficult to effectively determine when they have actually reached an agreement, supported by Kennedy v. Lee (1817) 3 Mer 441. Nevertheless, inspite of a prolonged period of continuing negotiations, the courts may be willing to find a concluded bargain; and, if so, a continuance of the negotiations thereafter will not necessarily terminate that agreement, illustrated by Davies v. Sweet [1962] 2 QB 300. However, in making their decision in relation to any series of negotiations put before them, the courts will also look to consider the three fundamental aspects that are recognised as part of any contract – (a) offer; (b) consideration; and (c) acceptance – in order to make their decision about whether an agreement has been fromed leading to a binding contract. (a) Offer The offer is considered to be concerned with the making of a written or oral proposal to give or do something as part of an agreement that may be deemed to be a legally binding contract in certain circumstances that may be express or implied from the conduct of the parties in any given case. As a consequence, it is important to understand that the person making the offer is the offeror, whilst the person to whom the offer is made is the offeree and any given offer must adhere to the following rules – (i) it must be made to a definite person, class or person, or even the world at large; (ii) it must be effectively communicated to the offeree before acceptance; but (iii) the offer is only considered to have been made when it actually reaches the offeree – see, by way of illustration, the decision in Adams v. Lindsell (1818) 1 B Ald. 681. (b) Consideration The element of consideration within a contract refers to that which is actually given or accepted in return for a promise as part of an agreement in the form of a â€Å"right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa (1875) LR 10 Ex 153. Consideration is executed when the act that is considered to constitute the consideration in a given case is performed and is deemed to be ‘executory’ when it is yet to be performed in the future. But regardless of this, any element of consideration must be legal, not be past, and move from the promisee to the promisor, supported by Lipkin Gorman v. Karpnale [1991] 3 WLR 10. (c) Acceptance The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334. But it also must be recognised that it is possible to have an acceptance ‘subject to contract’ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them. (a) Counter Offer A counter offer is usually taken to refer to the occasions where the offeree makes a response that serves to effectively suggest that there is only likely to be an agreement on terms that are considered to be substantially different from those that were originally put forward. Therefore, with this in mind, this idea is perhaps best illustrated by way of a practical example – i.e. where Party A says to Party B â€Å"You can have my horse for  £10,000† and Party B thinks about this and then says â€Å"I like this horse, but I am only willing to go to  £8,000† that is effectively a counter offer that is also supported by the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. (b) Invitation to Treat The idea of an invitation to treat is effectively based on the premise of an offer to receive an offer and whilst this principle of the law of contract was considered to have most famously been considered in the decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, it is important to appreciate that, in Fisher v. Bell [1961] 1 QB 394, Lord Parker most effectively served to summarise the concept. This is because of the fact that, in this case, he said that, by way of illustration, â€Å"the display of an article with a price on it in the shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract†. (c) The ‘Postal Rule’ As an important aspect of contractual theory, the ‘postal rule’ was an early nineteenth-century common law doctrinal development. Therefore, it served to hols an epistolary acceptance of a contractual offer will be said to become binding when it is put within the course of the postal service, according to Adams v. Lindsell (1818) 1 B Ald. 681, as the fairest method of allocating the risk, supported by Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216, and to avoid the revocation of the offer that was made leading to the acceptance until it was received, illustrated by the decision in Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587. Consequently, it is to be appreciated that a complete contractual agreement was said to exist when the properly stamped and addressed ‘letter’ is put in the course of postal transmission, supported by Henthorn v. Fraser [1892] 2 Ch 27, and beyond the power of the acceptor so it is immaterial whether it reaches the offeror or not, illustrated by Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666. Consequently, the ‘Postal Rule’ is usually considered to be somewhat advantageous for the offeree since they will not be responsible for delay because the burden of uncertainty of waiting is with the offeror. Whilst the Internet does not require a direct physical link between the users, it does allow the user to be notified if a message is successfully sent and/or received by another machine. But, whilst it is imperative for the user to re-send their message where it has not been successfully sent or received, in keeping with the decision in Entores v. Miles Far East Corporation [1955] 2 QB 327, intention to formulate e-contracts effectively is still open to debate, illustrated by Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303. Such a view has arisen because the contract in such cases comes into existence where acceptance is received, supported by Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293. Therefore, generally, for revocation of acceptance of an offer to be effective in this area, revocation would take effect when it is communicated if they were considered to be revoking the ‘offer’ to take the goods, illustrated by Byrne v. Van Tienhoven (1880) 5 CPD 349. But this is not the case with ‘electronic contracts’ formed under the ‘postal rule’, so anyone contracting on this basis would need to be advised the acceptance of an offer is complete as soon as the acceptance is ‘posted’. However, there is some controversy in this area because such a revocation would usually in no way have prejudiced the offeror if they were to receive the revocation before the acceptance and the only direct authority is that of the troubling decision in Countess of Dunmore v. Alexander (1830) 9 S. 190 so the better view is that such acceptance is generally irrevocable, in keeping with Wenkheim v. Arndt (1873) 1 JR 73 (NZ). But statutory provisions have provided for a ‘cooling off’ period since the Consumer Credit Act 1974 with one of the most recent examples found in the Consumer Protection (Distance Selling) Regulations 2000. Therefore, on the basis of the Consumer Protection (Distance Selling) Regulations 2000, it is possible to cancel an order because the effective date of cancellation is when the cancellation is sent, but this is usually after acceptance has been received, making it difficult to resolve on the basis of how their contract was formed. The concept of ‘quasi-contracts’ generally arises in cases where the law imposes on someone an obligation, through the creation of another contractual arrangement, to make repayments on grounds of unjust benefit at the expense of someone else, in keeping with the decision in Shamia v. Joory [1958] 1 QB 448. Therefore, with this in mind, more specifically, in the case of building and construction contracts in particular, situations may arise where the party that is paying for the work may draft the contract to derive ‘money benefits’, illustrated by Twinsectra Ltd v. Yardley [2002] 2 WLR 802 and, on analogy, Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL and may be considered voidable if they entered into it under duress or undue influence, supported by Barton v. Armstrong [1975] 2 All ER 465, PC. But if the contract is voluntarily acted upon, it must also be recognised that it will usually be considered to be binding, in keeping with the dec ision in Ormes v. Beadel (1860) 2 De GF J 333, unless it is voidable on grounds of restituion. Letter of Intent In the past, it has been argued a letter of intent could be considered to be akin to conditional contract, illustrated by British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504. But the success in this particular case can also be contrasted with the decision in Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 where there was an unsccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work in respect of a contract that also never materialised. Such a differing view is largely based on the fact that these cases are not analogous because, whilst one party, in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, requested the other to perform services and supply goods that would have been required under the expected contract, the costs that Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 sought reimbursements for arose in an effort to put itself in a position to obtain and then actually perform the contract itself A breach of contract generally arises where there is a recognised failure or refusal by one of the parties to a contractual agreement to fulfil one of the obligations that have been imposed on them under the remit of that contract. Therefore, with this in mind, in such circumstances the contract will be discharged where the breach of contract in question has been found to lead to the innocent party to the agreement treating it as having been rescinded and also, where it has been found to have the effect of depriving one of the parties of the whole benefit of the agreement with undertakings still to be performed, supported by the decisions in Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26 and Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827. The concept of mistake in the context of contract law serves to negative, or to nullify, consent by preventing the parties involved from reaching agreement and nullifying consent where the parties reach agreement, according to Bell v. Lever Bros Ltd [1932] AC 161, HL. But it is also important to appreciate equitable remedies do not serve to distinguish between mistakes negativing, and nullifying, consent, as well as where a party who paid money seeks to recover it in restitution, illustrated by Kelly v. Solari (1841) 9 M W 54. However, mistake will not negative consent unless it is material to the agreement’s formation, according to Dennant v. Skinner Collom [1948] 2 KB 164. This is because, without the assent of both parties, in most cases each party will look as though they are assenting to the proposed terms; so the objective test will preclude any party from denying an agreement, supported by OT Africa Line Ltd v. Vickers plc [1996] 1 Lloyd’s Rep 700. Nevertheless, if one party is, to the knowledge of the other in a given case, mistaken as to the terms, evidence of subjective intention is admitted, according to LCC v. Henry Boot Sons Ltd [1959] 3 All ER 636, HL, so there will be no agreement in the objective sense and may be even no agreement at all, illustrated by Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761. However, it is also to be appreciated that there seems to be no reason why there should not be a subjective agreement where the other party is estopped, according to Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA, and equitable remedies have been granted, supported by A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555. The concept of misrepresentation refers to the situation where a false statement of fact is made and is considered to be fraudulent if is is made either recklessly or with the intent to deceive, in keeping with the decision in Derry v. Peek (1889) 14 App Cas 337, HL, so anyone induced to enter a contract may then rescind the contract, claim damages or even both, according to S Pearson Son Ltd v. Dublin Corpn [1907] AC 351, HL. Moreover, it is also to be appreciated that a contractor induced to enter a contract by reason of an innocent misrepresentation may also rescind the contract or claim damages. Nevertheless, whilst the court has discretion to award damages in lieu of rescission, under section 2(2) of the Misrepresentation Act 1967, the measure of damages payable is generally the sum of money that placed the representee in the position they would have been in if the representation had not been made, supported by Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560. However, it must be recognised that a contractor who continues to act upon a contract after discovering a statement was false loses their right to rescind, accoridng to Long v. Lloyd [1958] 2 All ER 402, CA, so they will only be entitled to the price agreed under that contract, supported by Glasgow South Western Rly Co v. Boyd Forrest [1915] AC 526, HL. (c) Frustration It is also to be appreciated, however, that the doctrine of frustration has evolved so as to serve to mitigate the rigour of the common law’s insistence on literal performance of absolute promises, in keeping with the decision in J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloyd’s Rep 1, so as to be able to give effect to the demands of justice to escape from injustice where it would result from enforcement of a contract. Moreover, the concept of frustration also effectively ‘kills’ the contract and discharges the parties to any agreement from further liability under it, so the doctrine cannot be lightly invoked but must be kept within very narrow limits, since it brings the contract to an end forthwith, without more and automatically. Therefore, with this in mind, it must be recognised that the essence of frustration should not be the act or election of the party seeking to rely upon it, but due to some outside event or extraneous chang e of situation, without blame or fault on the side of the party seeking to rely upon it, supported by Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloyd’s Rep 211. (d) Restitution It is also to be appreciated that, generally, where someone is found to have gained unjustly from another’s conduct, those gains should be returned as a result of, what may be considered apt in this context, for example, a breach of contract. Accordingly, by way of illustration, in the decision of Attorney-General v. Blake [2001] 1 AC 268, the defendant in this case had made a sizable profit from the act of breaching his contract with the claimant who was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. Therefore, with this in mind, the claimant sought restitution for breach of contract and the defendant was ordered to pay over his profits although restitution is still only available in exceptional circumstances. Wrongful Termination Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA. Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL. As has already been alluded to, there are other kinds of contract outside of the business to consumer, or business to business, agreement that must be recognised. Therefore, with this in mind, it is to be appreciated that within these other concepts of contract, it must be recognised that construction contracts have certain principles that may be considered to very specific to this kind of contract aside from the general principles identifeid for all contracts. (a) Sub-contractors Quantum Meruit By sub-letting part of the work, it is important to appreciate that, within the context of a construction contract, the main contractor impliedly contracts with the sub-contractor that they will not prevent the sub-contractor from doing their work otherwise they will have a claim for damages against them, in keeping with the decision in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, under the principle of ‘Quantum Meruit’. However, it is also to be appreicated that the sub-contractor is also liable to the main contractor for defective work, as the relationship between them is similar to that of employer and contractor, supported by Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461. Therefore, this effectively means that where the sub-contractor is in breach and this has caused injury to a third party, they will be liable even if both have been held liable to the third party in tort, illustrated by Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA. On this basis, it must be recognised that the sub-contractor’s liability in contract may include damages and costs the contractor has had to pay to the third party, in keeping with the decision in Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809. (b) Sub-contractors liability A construction contract is also considered to be particularly useful in such cases where, in breach of a contract, the sub-contractor then proceeds to delay completion of the overall work, having known at the date of contracting that the main contractor is liable to liquidated damages or forfeiture for delay, the liability of the sub-contractor to the contractor is increased, in keeping with the decision in Hadley v. Baxendale (1854) 9 Exch 341. Therefore, with this in mind, the main contractor will then be able to recover the damages they have had to pay out to the client owing to the delay caused by the sub-contractor, or profit they would have made, together with the cost of work, supported by Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA. However, it is also to be appreciated that knowledge of the main contract is not sufficient to prove the sub-contractor agreed with the main contractor to be bound, so if the sub-contractor properly completes their work, their right to payment will not depend upon the certificate of the architect, notwithstanding it is a condition precedent to payment to the main contractor, in keeping with the decision in Southern Water Authority v. Carey [1985] 2 All ER 1077. But where the sub-contractor expressly contracts to be bound by the terms of the main contract, provisions as to retention money will be applied to them proportionally, supported by Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA. Nevertheless, it must also be recognised that a sub-contractor who voluntarily undertakes extra work or uses better materials than those stipulated has no claim, according to Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462. (a) Sale of Goods Act 1979 The remit of the Sale of Goods Act (‘SGA’) 1979 effectively applies to sale of goods contracts with its implied terms in relation to quality and fitness for purpose with regards to both business-to-consumer and business-to-business sale of goods contracts. But whilst, in view of the changes made by the SGA 1995, the standard covering issues such as freedom from minor defects and durability seems to have become quite high, this may, in fact, be something of a misnomer, according to, for example, Saphena Computing v. Allied Collection Agencies [1995] FSR 616. Moreover, there is an old legal maxim, ‘nemo dat quod non habet’, which means ‘no one can give what he does not have’, that was enshrined in the SGA 1979 long ago in 1893 so that if someone sells goods that are not there’s, or which they do not have the authority to sell, the buyer cannot acquire ‘good title’, so that the ability to pass property and the time of its passin g are very important. In looking to appreciate the significance of the Unfair Contract Terms Act (‘UCTA’) 1977, it must be recognised that, whilst, generally, the law of contract has created a range of ways for the individual terms of a contract to be avoided or ‘blunted’, the remit of UCTA 1977 is actually almost entirely focussed upon contractual provisions and notices that look to effectively limit or exclude liability, or its equivalent. As a result, whilst some of UCTA 1977’s controls apply universally and strike down particular terms unconditionally, other controls actually allow a ‘term’ to be effectively justified as ‘reasonable’, so a large business can still impose onerous terms, because there is no statutory protection provided for. This is supported by the fact courts in this country have also looked to apply principles to make contracts work, according to the principle established in G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 that â€Å"the transaction †¦ performed on both sides will also make it unrealistic to argue that there was no intention to enter into legal relations Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or alternatively, it may make it possible to treat a matter as not finalised in negotiations as inessential†. Therefore, with this in mind, each and every case that comes before the court in this country must be decided solely on the specifics of its facts and the construction of its agreement. As a result, some surprisingly draconian exclusion clauses have been upheld, supported by SAM Business Systems v. Hedley Co [2002] EWHC 2733, despite the fact English case law developed no general principle allowing terms apparently agreed by parties to a contract to be attacked solely on grounds of unfairness, illustrated by Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924. This is because, according to the Law Commission’s ‘Second Report on Exemption Clauses’ ((1975) (Law Com No. 69)), a contract term â€Å"bears its natural meaning of any term in any contract (and is not limited to terms in a contract between the instant parties)†. But it is also to be appreciated that a contract term or notice may amount to a contractual exclusion clause which is apt to exclude or restrict liability for breach of either a contractual or tortious duty of care, supported by Johnstone v. Bloomsbury Health Authority [1992] QB 333, or a disclaimer notice apt only to exclude or restrict tort liability, dependent on the nature of the contract (c) The Consumer Protection Act 1987 In keeping with this line of thought, it is also important to appreciate that the remit of the Consumer Protection Act (‘CPA’) 1987, between sections 10 and 19, supported by the decision in R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC, has looked to effectively establish a system so as to be able to impose liability in relation to unsafe consumer goods and a standard of saftey that all maufacturers and retailers must look to comply with or risk committing an offence. Therefore, on this basis, the CPA 1987 has also served to establish that any breach of the safety regulations is an offence that not only provides a consumer with even greater scope to reject the goods, but also serves to give the Secretary of State the power to be able to serve prohibition notices. ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Law Commission’s ‘Second Report on Exemption Clauses’ (1975) (Law Com No. 69) A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555 Adams v. Lindsell (1818) 1 B Ald. 681 Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462 Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461 Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL Barton v. Armstrong [1975] 2 All ER 465, PC Bell v. Lever Bros Ltd [1932] AC 161, HL Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761 Beswick v. Beswick [1968] AC 58, HL Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293 British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504 Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Byrne v. Van Tienhoven (1880) 5 CPD 349 Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Countess of Dunmore v. Alexander (1830) 9 S. 190 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Dennant v. Skinner Collom [1948] 2 KB 164 Derry v. Peek (1889) 14 App Cas 337, HL Entores v. Miles Far East Corporation [1955] 2 QB 327 ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23 Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA Fisher v. Bell [1961] 1 QB 394 G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA Glasgow