Does money buy happiness essay
Argumentative Essay Love Topics
Thursday, August 27, 2020
Popular magazine Essay Example for Free
Mainstream magazine Essay The idea driving this technique is worried about signs and specifically three distinctive segment parts, connoted, signifier and sign. To help in the clarification of these terms it will be valuable to look at an ongoing advert taken from a well known magazine. One such advert inside a current distribution of OK magazine shows a lady grinning having utilized a specific brand of washing powder to clean garments; the feature expresses Another heap of your psyche. (Alright, 2002, p65) Within this specific advert the signifier would be the washing powder. The implied anyway would identify with the feature as another activity done, though the sign would propose that washing powder rises to glad family with clean garments, time to do different employments around the house and its a moms occupation to stress over messy washing. Nonetheless in the event that this is the significance, at that point how was it shown up at in light of the fact that this specific advert doesn't state what is passed on above. It might be that semiotics perceives that watchers connect with material introduced, they don't simply fully trust it, and they bring different implications they may have experienced somewhere else in the social world. To be sure on the side of this contention Kline discloses to us that for publicizing to make meaning the eyewitness needs to accomplish some work. (Kline, 1990, p202) Without denying this advert could have various finishes paperwork for various people there might be a case here whereby promoters are not strengthening sex generalizations, it is the peruser bringing their own social foundation or educational experience to the perusing of the ad hence fortifying their own generalizations. Williamson mentions that in spite of the fact that peopleinvent adverts these adverts don't profess to represent them. (Williamson, 1978, p13) Therefore the understandings people bring might be represented by codes and imperatives inside our public activities that may well influence the manner in which adverts are built and introduced Ideology is a code that is ostensibly powerful on how adverts are assembled and can change after some time. For instance in the event that one ganders at promoting of the 40s and 50s there was potentially a lot increasingly clear indications of progression between the genders. To be sure in a large number of the adverts utilized by Goffman in his sexual orientation ads distribution, men were viewed as providers working outside of the home and ladies were viewed as homemakers and carers with no sign of an occupation. By chance he characterizes belief system as a significance made important by the states of society while assisting with propagating those conditions. As such persuading certain qualities to pick up understanding in a goal, for this situation sexual orientation jobs. (Goffman, 1979, p28-82) To repeat this position Winship takes the contention a phase further and expresses that it is the belief system of male controlled society with its structures of mastery that sets up disparity. (Winship, 1980, p17) so for Winship there is an impact of a decision philosophy that influences numerous features of public activity magnificence, sexuality and freedom and so on that promoters will undoubtedly utilize in light of the fact that inside that administering belief system, society would expect or request various jobs from people subsequently sponsors would mirror this. On the off chance that anyway publicists and people are obliged by a decision belief system that again recommends that people have lost or never had the capacity to have an independent perspective. Surely much the same as a hypodermic model whereby individuals are infused figuratively talking with data that doesn't get prepared and comes out precisely as it went in. Sex generalizing in publicizing is along these lines exceptionally emotional in that the manner in which we gauge and dissect the subject it must be focused on that we can differ with any message that is passed on by sponsors. Using semiotics we can develop an image of what is behind the pictures we are stood up to with. By a similar degree content investigation can give one that the outcome is decisive. Anyway no technique is great and similarly it very well may be valuable it can likewise be deceiving as has been appeared previously. At the point when one is additionally confronted with the contention of belief system inside publicizing it is associated with all parts of public activity. It is consistent with state we observe rules and guideline in our consistently public activities that may compel a portion of our activities, similarly that sponsors are obliged by bodies, for example, the BSC. Anyway similarly we are compelled, we are likewise ensured by a similar belief system, in this way we have a few forces accessible to differ with, challenge and challenge messages or activities esteemed out of line or cliché. Therefore it is hard to set up whether adverts fortify sex generalizations or if undoubtedly we do that entirely well for ourselves.
Saturday, August 22, 2020
WE 5 Mandi crj 546 Essay Example | Topics and Well Written Essays - 250 words
WE 5 Mandi crj 546 - Essay Example She proceeds to show their significance efficiently, permitting a peruser to increase an away from of her work. Furthermore, her work is written in an intelligent way, eventually captivating the peruser, causing the person in question to long to find out additional. By and by, I have learned through her work around three kinds of photos that assume a unimportant job to the examiner in regards to the wrongdoing scene. Jenniferââ¬â¢s article centers around innovative progressions used to distinguish fingerprints at wrongdoing scenes, for example, large scale focal point and exchange light source. Her reasonable dynamic gives the peruser a thought on what's in store from the article. Therefore, a peruser gets inspired by the procedures. Also, she plainly explains how these headways work and how the measurable picture taker can accumulate important proof from the wrongdoing scene. A significant edification from this article is that scientific picture takers should consistently take photos without a standard of measure since it guarantees that there is no change or expulsion of proof. Lastly,I can solidly bear witness to that her article extraordinarily illuminates the peruser on unique mark photography and keeps the student connected with from the beginning as data streams easily all through the whole
Amsterdam Company Essay
Question 2 Introduced underneath is data identified with Rembrandt Inc.ââ¬â¢s stock. (per unit)SkisBootsParkas Recorded Cost273.79152.7576.37 Selling Price312.70208.95106.27 Cost to distribute27.3811.533.60 Current substitution cost292.52151.3173.49 Typical benefit margin46.1141.7930.62 Decide the accompanying: Question 3 Matlock Company utilizes an unending stock framework. Its starting stock comprises of 67 units that cost $40 each. During June, the organization bought 202 units at $40 each, returned 8 units for credit, and sold 168 units at $67 each. Journalize the June exchanges. Question 4 Amsterdam Company utilizes an intermittent stock framework. For April, when the organization sold 700 units, the accompanying data is accessible. Figure the April 30 stock and the April cost of products sold utilizing the normal cost strategy. Question 5 Amsterdam Company utilizes an occasional stock framework. For April, when the organization sold 600 units, the accompanying data is accessible. Process the April 30 stock and the April cost of products sold utilizing the FIFO technique. Question 6 (FIFO, LIFO, Average Cost Inventory) Esplanade Company was shaped on December 1, 2011. The accompanying data is accessible from Esplanadeââ¬â¢s stock records for Product BAP. PurchasesUnitsUnit Cost January 1, 2012(beginning inventory)7628.00 January 5, 20121,5249.00 January 25, 20121,65110.00 February 16, 20121,06111.00 Walk 26, 201276212.00 A physical stock on March 31, 2012, shows 2,032 units close by. Get ready calendars to figure the completion stock at March 31, 2012, under every one of the accompanying stock strategies. Accept Esplanade Company utilizes the intermittent stock strategy. Question 7 Floyd Corporation has the accompanying four things in its consummation stock. Decide the last lower of cost or market stock an incentive for every thing. Question 8 Kumar Inc. utilizes a ceaseless stock framework. At January 1, 2013, stock was $320,786 at both expense and market esteem. At December 31, 2013, the stock was $428,714 at cost and $403,231 at showcase esteem. Set up the essential December 31 section under: Question 9 Boyne Inc. had starting stock of $15,000 at cost and $25,000 at retail. Net buys were $150,000 at cost and $212,500 at retail. Net markups were $12,500; net markdowns were $8,750; and deals were $196,250. Register finishing stock at cost utilizing the regular retail technique. Question 10 (Net Profit Method) Astaire Company utilizes the gross benefit strategy to gauge stock for month to month announcing purposes. Introduced underneath is data for the month ofà May. Question 11 Previn Brothers Inc. bought land at a cost of $30,400. Shutting costs were $1,820. An old structure was evacuated at an expense of $14,850. What sum ought to be recorded as the expense of the land? Question 12 Garcia Corporation bought a truck by giving a $108,000, 4-year, zero-enthusiasm bearing note to Equinox Inc. The market pace of enthusiasm for commitments of this nature is 10%. Set up the diary section to record the acquisition of this truck. Question 13 Mohave Inc. bought land, building, and hardware from Laguna Corporation for a money installment of $352,800. The evaluated reasonable estimations of the benefits are land $67,200, building $246,400, and hardware $89,600. At what sums should every one of the three resources be recorded? Question 14 Defender Company got land by giving 2,000 portions of its $12 standard worth normal stock. The land was as of late evaluated at $103,700. The basic stock is effectively exchanged at $50 per share. Set up the diary passage to record the procurement of the land. Question 15 Navajo Corporation exchanged a pre-owned truck (cost $23,600, gathered devaluation $21,240) for a little PC worth $4,366. Navajo additionally paid $1,180 in the exchange. Set up the diary section to record the trade. Question 16 Mehta Company exchanged a pre-owned welding machine (cost $10,080, collected devaluation $3,360) for office gear with an expected reasonable estimation of $5,600. Mehta likewise paid $3,360 money in the exchange. Set up the diary passage to record the trade. Question 17 Devaluation is typically registered based on the closest A). entire month and to the closest dollar. B). day and to the closest penny. C). day and to the closest dollar. D). entire month and to the closest penny. Question 18 Fernandez Corporation bought a truck toward the start of 2012 for $54,180. The truck is assessed to have a rescue estimation of $2,580 and a valuable existence of 206,400 miles. It was traveled 29,670 miles in 2012 and 39,990 miles in 2013. Process deterioration cost for 2012 and 2013. Question 19 Lockhard Company bought hardware on January 1, 2012, for $79,200. The hardware is evaluated to have a rescue estimation of $7,920 after a valuable existence of 8 years. (a) Compute 2012 deterioration cost utilizing the twofold declining balance technique. (b) Compute 2012 deterioration cost utilizing the twofold declining balance strategy expecting the apparatus was bought on October 1, 2012. Question 20 Jurassic Company claims hardware that cost $1,145,700 and has gathered deterioration of $458,280. The normal future net incomes from the utilization of the benefit are relied upon to be $636,500. The reasonable estimation of the gear is $509,200. Set up the diary passage, assuming any, to record the debilitation misfortune. Question 21 Everly Corporation obtains a coal mineshaft at an expense of $501,600. Impalpable improvement costs all out $125,400. After extraction has happened, Everly should reestablish the property (evaluated reasonable estimation of the commitment is $100,320), after which it tends to be sold for $200,640. Everly appraises that 5,016 tons of coal can be extricated. In the event that 878 tons are separated the primary year, set up the diary passage to record consumption. Question 22 Francis Corporation bought a benefit at an expense of $58,200 on March 1, 2012. The benefit has a helpful existence of 8 years and a rescue estimation of $5,820. For charge purposes, the MACRS class life is 5 years. Register charge devaluation for every year 2012ââ¬2017. Question 23 Celine Dion Corporation buys a patent from Salmon Company on January 1, 2012, for $50,820. The patent has a staying lawful existence of 16 years. Celine Dion feels the patent will be valuable for a long time. Get ready Celine Dionââ¬â¢s diary sections to record the acquisition of the patent and 2012 amortization. Question 24 Karen Austin Corporation has promoted programming expenses of $768,500, and deals of this item the principal year totaled $390,630. Karen Austin foresees gaining $911,470 in extra future incomes from this item, which is assessed to have a financial existence of 4 years. Register the measure of programming cost amortization for the primary year. (a) Compute the measure of programming cost amortization for the principal year utilizing the percent of income approach. (b) Compute the measure of programming cost amortization for the primary year utilizing the straight-line approach. Question 25 Jeff Beck is a rancher who claims land which verges on the option to proceed of the Northern Railroad. On August 10, 2012, because of the conceded carelessness of the Railroad, roughage on the ranch was determined to fire and consumed. Beck had a contest with the Railroad for quite a long while concerning the responsibility for little package of land. The delegate of the Railroad has offered to relegate any rights which the Railroad may have in the land to Beck in return for an arrival of his entitlement to repayment for the misfortune he has continued from the fire. Beck seems slanted to acknowledge the Railroadââ¬â¢s offer. The Railroadââ¬â¢s 2012 fiscal reports ought to incorporate the accompanying identified with the episode: A). acknowledgment of a misfortune as it were. B). formation of an obligation as it were. C). divulgence in note structure as it were. D). acknowledgment of a misfortune and production of an obligation for the estimation of the land. Question 26 Roley Corporation utilizes an occasional stock framework and the gross technique for representing buy limits. On July 1, Roley bought $66,000 of stock, terms 2/10, n/30, FOB delivering point. Roley paid cargo expenses of $1,210. On July 3, Roley returned harmed products and got credit of $6,600. On July 10, Roley paid for the merchandise. Set up all important diary passages for Roley. Question 27 Takemoto Corporation acquired $93,000 on November 1, 2012, by marking a $95,093, 3-month, zero-enthusiasm bearing note. Plan Takemotoââ¬â¢s November 1, 2012, passage; the December 31, 2012, yearly changing section; and the February 1, 2013, section. (For different charge/credit en attempts, list sums from biggest to littlest, for example 10, 8, 6. Round all responses to 0 decimal spots, for example 11,150.) Question 28 Whiteside Corporation issues $629,000 of 9% bonds, due in 14 years, with intrigue payable semiannually. At the hour of issue, the yearly market rate for such securities is 10%. Register the issue cost of the bonds.(Use the current worth tables in the content. Question 29 Indiana Jones Company goes into a 6-year rent of hardware on January 1, 2012, which requires 6 yearly installments of $37,560 each, starting January 1, 2012. Furthermore, the resident ensures a remaining estimation of $20,870 at rent end. The hardware has a helpful existence of 6 years. Expect that for Lost Ark Company, the lessor, collectibility is sensibly unsurprising, there are no significant vulnerabilities concerning costs, and the conveying measure of the apparatus is $191,722. Get ready Lost Arkââ¬â¢s January 1, 2012, diary passages. Question 30 On January 1, 2012, Irwin Animation offered a truck to Peete Finance for $26,050 and promptly rented it back. The truck was carried on Irwinââ¬â¢s books at $20,800. The term of the rent is 5 years, and title moves to Irwin at rent end. The rent requires five equivalent rental installments of $7,048 toward the finish of every year. The proper pace of intrigue is 11%, and the truck has a helpful existence of 5 years with no rescue esteem. Get ready Irwinââ¬â¢s 2012 diary sections.
Friday, August 21, 2020
Exploring Dramatic Arts Essay Example | Topics and Well Written Essays - 750 words
Investigating Dramatic Arts - Essay Example Dr Vivian is harsh at most occasions with her understudies. For instance, when one of her understudies request a cutoff time expansion of an exposition because of the downfall of her grandma, Dr Vivian reacted in an extremely unsympathetic way: ââ¬Å"Do what you will, however the paper is expected when it is dueâ⬠(Edson, ââ¬Å"Think Tank: About Life, Death and the Pause That Separates Themâ⬠). Little did she understand that her unconforming mentality would later reason her own pain. Another character is Susie Monahan, an enrolled nurture who dealt with Dr Vivian during her last minutes. Her job in the play is similarly as significant as the other significant characters as it were that she unobtrusively uncovered the fundamental message of the play, that is, to understand that acumen is simply part of being a human, and that there are different things that ought not be limited: thoughtfulness, love, and care. Other character like Jason, who was a previous understudy of Dr Vivian, can be named as a non-natural posterity of Dr Vivien. As her previous understudy, Jason consumed such a large amount of the reverberating standards of Dr Vivian for keenness and instruction. Jason ends up being a critical component in the play that prompts Dr Vivian to perceive her slip-ups as an individual and as an educator. Jason sees Dr Vivian as only a debilitated body when he hollered to Susie, ââ¬Å"She's Research! ââ¬Å" (Cohen, ââ¬Å"Margaret Edisonââ¬â¢s Wit: An Audience Guideâ⬠). Jason made Dr Vivian understand that being human needs mind or information as well as things that are basic; genuine. The play Wit composed by Margaret Edson manages me an entirely different comprehension of life. It acquaints me with what is increasingly significant: things that are a higher priority than astuteness, distinction or cash. In the wake of perusing the play, I understood that each individual who strolls this world ought to block oneself from making a stride outsi de of the real world. Dr Vivian got away from reality when she totally twisted all her spotlight to writing and on turning into the best researcher in her field; and began to avoid regularity. She lost the basic human characteristic of compassion and sympathy. She built up the idea that each individual can live a solitary presence and that there is nothing of the sort as a multi-faceted life. Later she got that, acumen or mind is only a bit of oneââ¬â¢s being. It ought not supersede other basic things that make an individual a person. While it is likewise helpful to be proficient about your picked field, it ought not come to the detriment of your existential truth. By and by, I would state Dr Vivian, the lead character of the play Wit, and I are a lot of the same. I generally put stock in the increase you can escape honing your insight on a specific field of information. Like Dr Vivian, I generally built up a character that is unwilling to carrying on with a real existence that g rasps moderation. I would state that one can be progressively helpful in the event that the person in question knows a great deal of things; and in any event, with regards to the most touchy and going up against issues of life, similar to death, predominant insight and profound handle of the philosophical thoughts of life will basically let demise pass by without creating any misery or uneasiness. By the by, Dr Vivian and I additionally have attributes that, I would state, are not comparable. Dr Bearing, due to her fixation to information and insight, she neglected to perceive different parts of her being. She just qualities her cerebrum, which for her, will be her most significant organ. She shows brutal and obstinate conduct to the individuals encompassing her. I have not gone this far. While Dr Vivian and I are very mu
The Importance of Using a Writing Service in Canada
The Importance of Using a Writing Service in CanadaAre you wondering what an English coursework writing service can do for you? You probably haven't had a steady income for quite some time. Perhaps you are no longer able to pursue your passions. Maybe you need to supplement your income while you are studying to get that college degree.Sometimes, a long, grueling program can really wear you down. Some people need a break from their program and can use the extra help. If you are really doing it all by yourself, the break may be a perfect fit. However, it is important to look for a good writing company that will give you the breaks that you need. It also needs to be one that offers services that are worth the price that you pay.Take a look at the offerings of the writing service that you want to choose. You want it to be a service that can give you some kind of an advantage over your competition. Think about the kinds of programs that your competitors are offering and see if you can fin d something that fits into your budget. Take a look around your area to see if you can find some good schools and programs in that area that you can enroll in.The coursework writing service can also be used as a way to network with others who are working towards a degree. It can be the first step to gaining access to some of the top jobs in your field. For instance, you might be able to find work as a freelance writer or in journalism.It doesn't matter what kind of job you decide to get. You want to look at your options carefully. Make sure that the company you choose is reputable and a good fit for your career goals. You don't want to start out on the wrong foot by choosing a company that has many negative reviews on theInternet.Also, take a look at the track record of the writing service that you are considering. The writing firm that you choose should have years of experience in this field. They should be a company that has a proven track record and you can trust the information that they provide to you.An online search can also help you find a writing service that is reputable. You can look at the positive and negative reviews for the company to see what the public thinks of them. The reviews should give you a good idea of whether the writers that work for the company are professional and trustworthy.Try looking for a coursework writing service in Canada that is going to offer you all of the benefits that you want without giving you an unfair advantage over your competition. You need to find a writing company that has a strong reputation for being a reliable choice and one that will give you the kind of assistance that you need. Look at all of the positive reviews that you can find for the company and then choose one that fits your needs perfectly.
Friday, July 3, 2020
The Offer Contract Agreement - Free Essay Example
Offer Contract Agreement Peter acquired a Degas painting. On 2nd May, he sent a telex message to Manjit that he was prepared to sell the Degas painting to her for Ãâà £240,000, but that he must receive an answer within seven days. Manjit replied immediately by telex, stating that she was willing and that she would pay for it in monthly instalments of Ãâà £20,000 each. On 3rd May, Manjit received a telephone message from Peter that he would prefer six monthly payments of Ãâà £40,000 for the painting. The following day, Manjit sent a letter to Peter which stated, I agree to pay monthly payments. Please arrange for the delivery of the painting on 10th May. Unfortunately, her letter reached Peter on 12th May. On 11th May, in response to a magazine advertisement Manjit contacted the seller Victoria over the phone and left a message on her answering machine, stating that she would buy the Van Gogh painting for Ãâà £201,000. On 15th May, both Peter and Victoria arrived at Manjits office, each claiming that she was contractually bound to buy their respective paintings. As Manjit had received a letter from her accountant that morning warning that her business was in some difficulty, she now states the she does not wish to buy either painting. Advise Manjit. In English Law in order to form a contract, the following elements have to be present: A valid offer has been proffered by the first party to the other party or parties. The offer has been accepted unchanged by the second party or parties and this has been communicated to the offeror. There is an intention by all parties to create legal relations, when they enter into the contract and the parties have the capacity to contract. The promises made within the contract are for valuable consideration. The terms of the contract are certain. An offer is defined as an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the offeree. The expression referred to in the definition can have various forms, such as a letter, newspaper, fax, email, conduct (https://en.wikipedia.org/wiki/Offer_and_acceptance), etc., and the main criterion is that it has to perforce communicate the basis on which the offeror is prepared to contract. The courts will judge the aspect of intention, referred to in the definition, objectively. In Smith v. Hughes it has been emphasized that the important thing is not a partys real intentions but how a reasonable person would view the situation (https://en.wikipedia.org/wiki/Offer_and_acceptance). This is attributable to the reason that in accordance with common sense neither party would wish to breach their side of the contract if it would make them culpable to damages. Accepta nce is a final and unqualified expression of assent to the terms of an offer (https://en.wikipedia.org/wiki/Offer_and_acceptance). A defendant cannot claim that it was never his intention to be bound by the agreement if it is established during trial that his action served to communicate to the other party or parties that he had in fact agreed. Assent may be exhibited in a variety of ways and one of them is by the signing of a contract or it might consist of a promise to pay someone if the latter performs certain acts and may be accepted by the requested conduct instead of a promise to do the act. The performance of the requested act confirms that the party has agreed to the terms of the offer. What is required, without fail, is that there should be evidence that each of the parties had, from an objective perspective, engaged in conduct manifesting their assent. This requirement of an objective perspective gains importance in cases where one of the parties claims that an offer had not been accepted and thereby takes advantage of the performance of the other party. In such instances the test of whether a reasonable bystander would have perceived that the party has impliedly accepted the offer by conduct is relevant. The rules of acceptance are: The acceptance must be communicated, this implies that depending on the construction of the contract, the acceptance may not have to come until the notification of the performance of the conditions in the offer, in as in Carlill v. Carbolic Smoke Ball Company (https://en.wikipedia.org/wiki/Offer_and_acceptance), where the defendants, the proprietors of a medical preparation called the carbolic smoke ball, issued an advertisement to the public, in which they offered to pay Ãâà £ 100 to any person who contracted influenza after having used one of these smoke balls in a manner specified by them and for a specified period. However, it is important to note that this offer was unilateral or open to the whole world to accept. In the absence of such an unilateral offer advertisements are nothing more than an invitation to treat. In Partridge v. Crittenden it was held that the offer for sale of certain wild birds, which was illegal, was deemed to be, by the High Court as an invitation to treat and not offers for sale. An offer can only be accepted by the offeree (https://en.wikipedia.org/wiki/Offer_and_acceptance). An offer is not bound if another person accepts the offer on his behalf without his authorisation (https://en.wikipedia.org/wiki/Offer_and_acceptance) . It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance (https://en.wikipedia.org/wiki/Offer_and_acceptance). If the offer specifies a method of acceptance then such acceptance must be made using a method that is no less effective than the method specified (https://en.wikipedia.org/wiki/Offer_and_acceptance). Silence cannot be construed as acceptance, as held in Felthouse v. Bindley(https://en.wikipedia.org/wiki/Offer_and_acceptance). The power of acceptance is always terminated by rejection or counter offer by the offeree, revocation by the offeror prior to acceptance, lapse of time, debt or incapacity of the offeror or offeree. In Carlill v. Carbolic Smoke Ball Company there was an advertisement that consumption of a smoke ball in the prescribed manner would protect the consumer from influenza. The plaintiff believing in this advertisement bought one of these carbolic balls and used it in the prescribed manner and for the prescribed period but nevertheless contracted influenza. The court held that the plaintiff was entitled to recover the promised amount. However, the acceptance must be communicated and before acceptance, an offer can be withdrawn. In our present problem, Peter an art dealer was in possession of a Degas Painting which he offered to sell to Manjit, another art dealer for Ãâà £ 240,000/-, with the condition that acceptance had to be communicated to him within seven days. To this Manjit replied by telex that she was willing to purchase the painting and that she would pay in monthly installments of Ãâà £20,000/-. Manjità ¢Ã¢â ¬Ã¢â ¢s telex message cannot be considered to constitute acceptance since she had made a counter offer to Peter. From the above it is evident that legally, Manjit had made a counter offer to Peter and not an acceptance of his offer according to the provisions of the contract act. An offeror can revoke an offer before it has been accepted, but such revocation has to be communicated to the offeree. After receiving Manjità ¢Ã¢â ¬Ã¢â ¢s counter offer, Peter again made an offer to pay for the painting by six monthly installments of Ãâà £ 40,000/- each by telephone on the 3rd of May. Manjit indicated her acceptance by a letter, which she posted to Parker on the 4th of May. The letter was correctly stamped and addressed but nevertheless it was received by Peter only on the 12th of May. An offer will remain in force until: First, its revocation by the offeror any time before acceptance and such revocation is communicated to the offeree. Second, it is rejected by the offeree due to a counter offer. Third, the offer lapses due to the expiry of a stipulated time limit. Fourth, a contract condition has failed. Finally, if the offeror has expired and notice of such demise is received by the offeree. In Hyde v Wrench , Wrench offered to sell his property for Ãâà £1200 to Hyde. When Hyde rejected that offer, Wrench made a further offer to sell for Ãâà £1000. Hyde replied that he would buy the property if offered for Ãâà £950, but Wrench refused to sell for this amount. Subsequently, Hyde wrote to Wrench that he would buy this property for Ãâà £1000. The Court of Chancery held that Hyde had rejected both offers made by Wrench and that an offer, once rejected, cannot be revived. Accordingly, there was no contract in existence and consequently, the action was deemed to have failed. These facts clearly indicate that Hyde made a counter offer and also tried to accept an offer which he had previously rejected. Therefore, in accordance to the case law discussed above, an offer which was rejected in the first instance by the offeree cannot be accepted later on in order to create a legally binding contract. In our present case Peter made an offer to Manjit for selli ng the painting for a specified amount. Manjit made a counter offer in which she offered to pay by installments. Peter was not agreeable to the number of installments and accordingly, he made another in which the number of installments was reduced. Manjit accepted this offer but according to the Hyde v Wrench decision, Manjit cannot rely on the original offer since she made a counter offer subsequently, therefore there is no valid contract between Peter and Manjit. If the offeree rejects the offer, the offer has been destroyed and cannot be accepted in the future. Even otherwise, she had posted her letter of acceptance on the 4th of May, which reached Peter only on the 12th of May, in which she had made a time stipulation for the delivery of the painting by the 10th of May. However, since the letter, which was correctly stamped and addressed, was received only on the 12th of May, i.e. after the 10th of May by Peter, the contract is invalid. Consequently, Manjit is under no legal obligation to purchase the Degas painting from Peter. In respect of Victoria, on the 11th of May, Manjit saw a magazine advertisement in which Victoria had offered to sell a Renoir painting for the first offer above Ãâà £200,000. Manjit contacted Victoria over the phone and left a message on her answering machine, stating that she would buy this painting for Ãâà £201,000. The legal aspects to be considered are whether an advertisement constitutes a valid offer or not. Advertisements are termed as an invitation to treat and hence they do not constitute an offer, but only an indication of a personà ¢Ã¢â ¬Ã¢â ¢s willingness to negotiate a contract. In Pharmaceutical Society of Great Britain v Boots , Boots were prosecuted for selling drugs in the absence of a qualified pharmacist. The procedure was that a customer, on entering the store was given a shopping basket and this customer after having selected which medicines to purchase, would place them in thi s basket and take them to the cash desk. In the vicinity of the cash desk a registered pharmacist would be available. The statute has made it unlawful to sell any listed poison unless the sale was effected under the supervision of a registered pharmacist. The Plaintiffs allegation was that the display of goods was tantamount to an offer which could be deemed to have been accepted when the customer put these drugs in the shopping basket, therefore, if the drugs were poisons then their sale took place at an instant of time which was prior to the pharmacistà ¢Ã¢â ¬Ã¢â ¢s intervention. The Queens Bench and the CA rejected this argument, because they held that the offer to purchase originated from the customer only when the article was placed in the shopping basket and that the defendants had the choice to accept or reject this offer. Whenever, this purchase offer was accepted it was at the cash desk, where a registered pharmacist was available. Therefore, the courts hel d that there was no breach of the Act. In Harvey v. Facey, an indication by the owner of the property that he might be interested in selling at a certain price was regarded as an invitation to treat (ITT). Similarly, in Gibson v. Manchester County Council the words à ¢Ã¢â ¬Ã
âmay be prepared to sellà ¢Ã¢â ¬Ã¢â ¢ were held to be a notification of price and therefore not a distinct offer. The courts have taken a consistent approach in respect of the identification of invitation to treat, as compared with offer and acceptance, in common transactions. The display of goods for sale, either in a shop window or on the shelves of a self service store, is ordinarily treated as an invitation to treat and not an offer, this was held by the judges in Fisher v. Bell. In Entores Ltd v. Miles Far East Corporation the contract was entered into when and where the acceptance was received. Lord Denning confirmed that the same principles also applied to acceptances by telephone. In resp ect of answering machines and voice mail the maximum delay for receipt of acceptance would be the next working day. Faulty hardware, lack of link paper or slipshod business practices, such as not checking the fax for days, does not stop or delay the acceptance of an offer. In our case Manjit in response to the advertisement given by Victoria for sale of the painting, placed a message in Victoriaà ¢Ã¢â ¬Ã¢â ¢s answering machine stating that she would buy the painting for Ãâà £ 201,000/-. Victoriaà ¢Ã¢â ¬Ã¢â ¢s magazine advertisement constitutes an invitation to treat and the message left by Manjit constitutes an offer to purchase the painting. This message was left on the answering machine by Manjit on the 11th of May. Victoria did not respond to this message but went on the 15th of May to Manjità ¢Ã¢â ¬Ã¢â ¢s office and insisted that Manjit should purchase the painting as there was a contract between them. Since, in this case there is no acceptance by Victo ria, there is no binding contract. Therefore, Manjit need not buy the painting from Victoria. In this manner Manjit is not under any legal obligation, whatsoever, to perform these contracts as demanded by Peter and Victoria. Bibliography P.S Atiyah à ¢Ã¢â ¬ÃÅ"Consideration: a restatementà ¢Ã¢â ¬Ã¢â ¢ in Essays on Contract, Oxford University Press, 1986. P.S Atiyah à ¢Ã¢â ¬ÃÅ"An introduction to the law of contractà ¢Ã¢â ¬Ã¢â ¢ 5th ed., Clarendon Press Oxford, 1995. H.G Beale, W.D Wishop, M.P furmston, à ¢Ã¢â ¬ÃÅ"Contract: cases and materialsà ¢Ã¢â ¬Ã¢â ¢ 4th ed., Butterworth, 2000. M. Cope à ¢Ã¢â ¬ÃÅ"Duress, undue influence and unconscientious bargainsà ¢Ã¢â ¬Ã¢â ¢, Monash studies in law, The law book company Ltd, 1985. E. McKendrick à ¢Ã¢â ¬ÃÅ"Contract lawà ¢Ã¢â ¬Ã¢â ¢, 4th ed., Palgrave law masters, 2001. G.H Treitel à ¢Ã¢â ¬ÃÅ"The law of contractà ¢Ã¢â ¬Ã¢â ¢ 10th ed., Sweet and Maxwell, 1999.
Tuesday, May 26, 2020
Essay on Childrens Testimony - 2644 Words
Over the last thirty years, the idea of children as witnesses and the accuracy of their testimony has been widely debated. People are asking themselves if the memories of young children, specifically between the ages of five and ten, can be accurate and in return trusted. So, can childrenââ¬â¢s memory and testimony be accurate? Prolific amounts of research have been conducted in an attempt to answer this question. Most of the research suggests that unfortunately we can not rely on their accurate recall in testimony. I would have to say I agree with the findings. nbsp;nbsp;nbsp;nbsp;nbsp;The current anxiety about the validity of childrenââ¬â¢s testimony in court stems mostly from heavily publicized cases of child molestation during the 1980ââ¬â¢sâ⬠¦show more contentâ⬠¦Second, we must look at the affects of being a witness not only on the legal system but also on the child as an individual. Children could be further traumatized emotionally and physically by involvement as a witness. Finally, we need to closely look at how the legal system is set up and how well children fit into this system. Are witness procedures set up in a way that children can understand and accurately give their testimony? These are the things that need to be looked at closely to determine if children can be reliable and credible witnesses in court. nbsp;nbsp;nbsp;nbsp;nbsp;Because of the greater involvement of child witnesses in legal settings, it is important to know whether their recollections of an event can be trusted (Koriat et. al, 2001). This is a question that obviously can not be answered with a simple yes or no answer. However we can look at the way in which children develop cognitively to help us better understand the way in which children think and understand the world around them. We know that children are lacking in experience as compared to adults. A four year old just has much less life experience than a 16 year old. Younger children are not able to detect subtle differences like, implications and sarcasm in conversation. In addition, children being less cognitively developed have immature and less concrete schemas. These schemas may change constantly through your life, butShow MoreRelatedChildren s Testimony Of Judicial Proceedings Throughout The Past Years Decades2006 Words à |à 9 PagesAbstract This research paper investigates childrenââ¬â¢s testimony in judicial proceedings throughout the past few decades. An increase in child abuse allegations in the 1980s resulted in mass allegations throughout the United States. As a result, a child is interviewed by law enforcement and social workers regarding what happened during specific incidents. Tactics to acquire the testimony of the children has been up for debate by the judicial system and psychologists. These tactics include suggestibilityRead MoreEyewitness Testimony And Its Effect On The Credibility Of Eyewitness Testimonies952 Words à |à 4 PagesEyewitness testimony is a hot button issue in not only the criminal justice field but also the psychology field as well. It continues to be argued that this type of ââ¬Å"evidenceâ⬠is far too unreliable for the court room and can ultimately end up punishing the wrong person for a crime they did not commit. The influence of an eyewitness testimony cannot be denied as res earch has showed that, ââ¬Å"adding a single prosecution eyewitness to a murder trial summary increased the percentage of mock jurorsââ¬â¢ guiltyRead MoreEyewitness Memory For A Simulated Misdemeanor Crime1129 Words à |à 5 Pagesreviewed article is about a study in which children of two different age groups, and a group of adults were asked general-to-specific questions and misleading questions in an interview to see if the timing of the misleading questions and temperament affected the quality of the witnessââ¬â¢s testimony. The researchers hypothesized that the use of misleading questions by interviewerââ¬â¢s causes the witness to unwittingly incorporate false information into their testimony. Method Participants There were 90 middle-classRead MoreThe Deposition Of Plaintiff, Susan White, And The Attorneys Representing American Airlines And Sunoco1661 Words à |à 7 Pagesillness before her deposition began. 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Bloodsworth was basically convicted on the eye witness testimonies. The state requested the death penalty. Bloodsworth wasRead More Americas Juvenile Justice System Essay3756 Words à |à 16 Pagesor deal with chronic delinquents while at the sa me time protecting their due liberties. We now stand on the precipice of decision: How can we strike an appropriate balance in the juvenile justice system? Should we even retain a separate system for children at all? The answers are usually difficult, sometimes subtle, but always possible to attain. This paper will analyze the different theoretical issues pertaining to the modern juvenile court, determine their origin, and suggest a course of actionRead MoreThe At The Bakersfield Homeless Center1889 Words à |à 8 PagesThat way food is one less thing they have to worry about and we ensure that they are receiving their recommended servings. Furthermore, assisting at the homeless center, I was able to comprehend what the meaning of homelessness. 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Hughes ask question regarding other states statutes -Judge Garcia - Does not know she mentions Idaho. -Ms. Kathy Kinser, Attorney at Law, Kinser Bates, LLP, Dallas Grandparents have to sign an affidavitRead MoreSlavery And The Civil War Essay1963 Words à |à 8 Pagesmental development with children, and their opportunities to live normal lives, such as attending school. Recall the common age of a victim is twelve. Per the information given, there are one hundred and sixty-eight million children working worldwide. Of the one hundred and sixty-eight children being forced into labor, eighty-five million are in hazardous work. This larger portion of modern day slavery, labor exploitation, will only continue if we stand by. Moreover, testimonies from the victims areRead MoreThe Common Relations Of Slavery And The Civil War Essay1988 Words à |à 8 Pagesmental development with children, and their opportunities to live normal lives, such as attending school. Recall the common age for a victim is twelve. Per the information given, there are one hundred and sixty-eight million children working worldwide. Of the one hundred and sixty-eight children being forced into labor, eighty-five million are in hazardous work. This larger portion of modern day slavery, labor exploitation, will only continue if we stand by. Testimonies from the victims are many
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