Saturday, December 28, 2019
Thursday, December 26, 2019
Rap Music And Hip Hop - 1560 Words
ââ¬Å"Gangsta rapâ⬠has been around since the late 1980s, and has been categorized as a specific type of hip hop. Reflecting the violent lifestyles of many black American youths living within the inner cities of the West and East coast, gangsta rap became a voice. The genre reflected on and spoke about the harsh realities of what life for a black person during the 1980s. One of the most prominent rap names during this era that became the voice for many people throughout the nation was the N.W.A (Niggaz Wit Attitude) rap group. Originally from the streets of Compton, California, these teenagers decided to take on a risk, tackling the music industry head on, publishing their own works that spoke out against corruption. The creation of hip hopââ¬â¢s sub genre, ââ¬Å"gangsta rapâ⬠during the late 1980s not only sparked widespread controversy, but also gave black communities a prominent identity within their hip hop movement of the arts; it offered the nation an understandi ng of the ââ¬Å"black struggleâ⬠through lyrics and went against established culture. ââ¬Å"Hip Hop is the only genre of music that allows us to talk about almost anything.â⬠(Flash. Foreword) Dating back to the late 1970s, hip hop originated within predominantly African-American neighborhoods. The youth, who resided in communities throughout the South Bronx, sparked a movement and developed a culture within this genre that has had a lasting effect for decades. What made this genre an aspect of everyday life for these New YorkShow MoreRelatedHip Hop And Rap Music1699 Words à |à 7 PagesHip-hop is a cultured style that started in the 1970ââ¬â¢s. Majority of different funk groups began playing disco music at that time it was popular. During this time funk music was technology driven more electronic sounds were being used on the drum machines. Funk was the new dance in the early 70ââ¬â¢s. This particular style of singing in which was being used is called rapping, this begun in African American, Urban Areas, Jamaican American, Latino American and many other s cities of the United States. TheRead MoreRap Music : Hip Hop Essay1509 Words à |à 7 PagesRap, or hip hop as some call it, ranks in the top ten of most popular music genres in the world. Since it burst on the scene in the late 1970s, rap music changed the landscape of the music industry, especially for African-American artists. The genre accredited some of the biggest names in the music industry. Popular artists like LL Cool J, Tupac, Notorious B. I. G., Jay-Z, Kanye West, and many others produce, or have produced, millions of hip-hop records. The secret to the success of hip hop centersRead MoreHip Hop And Rap Music Essay1941 Words à |à 8 Pagesincreased presence of hip-hop culture within American culture, many educators no longer view hip-hop culture with the same air of skepticism common in the early stages of HHBE.â⬠Hip Hop Based Education also referred to as HHBE is movement that helps bring hip hop into the classroom.(USE THAT SOURCE HERE) HHBE has many positive and influential outcomes for children living in inner cities. Hip hop music has categories and one of them is rap. By bringing hip hop and rap music into schools it servesRead MoreHip Hop And Hip Rap Music1144 Words à |à 5 PagesHip hop music has delivered messages of freedom of expression, unity, peace, and protest against social injustices, for the past 30 years. But exactly when and where did it begin, and what impact has it had on our society? The hip hop beats created by DJs in the 70s actually sparked what is now known as hip hop culture. Hip hop culture originally included rapping, break dancing, graffiti, beat boxing, and looping and scratching, and has now includes urban clothing and cars, speech patterns and slangRead MoreHip Hop And Rap Music1584 Words à |à 7 PagesHip hop music is one of the most popular genres in present time that rose to prominence in the 1980ââ¬â¢s. The hip hop genre was born in the African American community and has since then changed into what it is today. What most individuals donââ¬â¢t know is that originally rap music did not contain such explicit themes as it does now; such as misogyny, drugs, crime, and violence among others. Many people may wonder what led to the introduction of such themes into rap music and why they remained popular.Read MoreHip Hop And Rap Music1505 Words à |à 7 PagesSwiss Hip Hop and Rap According to Michael Dyson and Wikipedia, Hip hop music and Hip Hop culture formed during the 1970s when block parties became increasingly popular in New York City. The genre became home to and was developed by African American youth residing in the Bronx. Block parties involved DJs playing very percussive breaks of popular songs Then Rapping developed as the primary vocal style of the genre. Hip hop s early evolution occurred as sampling technology and drum-machines becameRead MoreHip Hop And Hip Rap Music2527 Words à |à 11 Pagesstudy of hip hop music has been cited well throughout its growth over time. The purpose of this paper is intended to discuss hip hop culture and address cultural stereotypes associated with rap and hip-hop music, but also how its original lyrical intentions were forms of expression and art. It will begin by guiding the reader through how it originated, its influence with the African-Americans with its subculture and popularity in urban areas, its styles of evolving, the introduction of hip hop and rapRead MoreHip Hop And Rap Music1527 Words à |à 7 PagesHip Hop is also known as rap music, it was a genre formed in the United States in the 1970s that consists of stylized rhythmic music that commonly follows by rap music. Rap music is rhyming speeches that are chanted. It is a popular style of music that is developed by disc jockeys and urban black people in the late 1970s. It starts off with rhyming beat patterns in the background. It had all began in the Bronx of New York City, with urban men creating words that rhyme on the corner of their blockRead MoreHip Hop And Rap Music904 Words à |à 4 PagesHip-Hop/rap music receives the harshest criticism in the music industry. This is because listeners of hip-hop music donââ¬â¢t fully understand the message that the artist is trying to portray. Behind all the vulgar verses is actually a message that the artist wants to listener to know about. Most people donââ¬â¢t listen to hip- hop music because of how they see the artist illustrating their self. Many artists create music based off of his or her background and life growing up. Hip-hop music has a negativeRead MoreHip Hop And Rap Music1628 Words à |à 7 Pages In todayââ¬â¢s generation there are many types of music. But a genre that stands out into dayââ¬â¢s age is hip hop. This genre has become a major type of music that fluencies many people today. Music is something that always has been a part of civilization since the beginning of time. Some of the earliest forms of music one will find historically are in the bible. Shout for joy to the LORD, all the earth, burst into jubilant song with music; (palms 98:4) just like this verse there are many verses in the
Friday, December 20, 2019
What Bipolar I Disorder ( Bd ) - 1529 Words
Introduction When people are asked what bipolar I disorder (BD) is, responses often include, ââ¬Å"Sometimes theyââ¬â¢re really normal and then they get super mad,â⬠ââ¬Å"drastic mood swings,â⬠ââ¬Å"theyââ¬â¢re psychotic,â⬠ââ¬Å"one can be very happy and excited but can also experience depression,â⬠and the list is endless. Often, individuals who suffer with BD are stigmatized and discriminated. The following piece is part of a poem called ââ¬Å"You and Meâ⬠written by Debbie Sesula, ââ¬Å"...If you get angry /Youââ¬â¢re considered upset/ If I get angry/ Iââ¬â¢m considered dangerous. /If you over-react to something/ Youââ¬â¢re sensitive/ If I over-react to something/ Iââ¬â¢m out of controlâ⬠¦Ã¢â¬ BD is not well understood by society and it is unfortunate that individuals who have this disorder often isolate themselves and feel ashamed. Definition and Characteristics ââ¬Å"The essential feature of a manic episode is a distinct period during which there is an abnormally, persistently elevated, expansive irritable mood and persistently increased activity or energy that is present for most of the day, nearly every day, for a period of at least one week (or any duration if hospitalization is necessary), accompanied by at least three additional symptoms from Criterion B. If the mood is irritable rather than elevated or expansive, at least four criterion B symptoms must be present,â⬠states the American Psychiatric Associationââ¬â¢s (APA) Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-V) when classifying BD. There areShow MoreRelatedEssay about The Research on Bipolar Disorder1673 Words à |à 7 Pagescity it strives for order and efficiency. However a patient with Bipolar Disorder has a very chaotic type of brain function; causing changes in mood and sometimes suicidal thoughts Bipolar Disorder is a common psychiatric mood disorder that is defined by recurrent episodes of abnormally elevated mood and depression, changes in energy and, the ability to carry out day to day tasks. (Joel, Jakosson and colleges) ââ¬Å"Bipolar Disorder (BD) is a chronic disease with high risk of relapse. This disease alsoRead MoreHow The Mind Works At A Young Age?1545 Words à |à 7 PagesI first became interested in how the mind works at a young age. An introspective and deep thinker, I would take inventory of the people around me and the way they behaved. I assessed why a certain reaction may have occurred between two parties, whether the reaction was positive or negative. Replaying scenarios in my head, like Sherlock Holmes, became more prolific as the term ââ¬Å"manic depressionâ⬠came into my life. Manic depression, also known as bipolar disorder, became a topic of regular conversationRead MoreBipolar Disorder And Its Effects861 Words à |à 4 PagesBipolar disord er is caused, in part, by factors of nature. In short, bipolar disorder is caused by factors of genetics, heredity, factors that are inherent to who we are. Bipolar disorder (BD) is a ââ¬Å"neuropsychiatric disorderâ⬠¦characterized by recurrent episodes of depression and mania or hypomaniaâ⬠(Bavamian et al., 2015. p. 573). The study conducted by Bavamian et. al., asserts that there are in fact microRNAs (miRNAs) which regulate gene expression. In individuals with BD, they expression of miR-34aRead MoreBipolar And Related Disorders : Symptoms And Treatment Of Bipolar Disorder1669 Words à |à 7 PagesBipolar and related disorders are lifelong perplexing mental illnesses that are difficult to diagnose and treat. Bipolar illness is a chronic shifting of extreme euphoria (mania) and deep sadness or hopelessness (depressive) episodes, complicated by comorbidities and the potential for poor health outcomes. The occurrence of bipolar disorder (BD) throughout the adult populatio n in the United States is reported to be approximately 5.7 million people each year, with a lifetime prevalence of 3.9 percentRead MoreMajor Types Of Major Depressive Disorder ( Mdd ) Essay927 Words à |à 4 PagesMajor Depressive Disorder (MDD) is a mental disorder characterized by behavioral, emotional, and cognitive symptoms that include but are not limited to the loss of pleasure or interest in activities (anhedonia), sleep disturbances, appetite changes, guilt or worthlessness, fatigue, lack of concentrating and/or indecisiveness including emotion dysregulation (mood swings) and views of the negative affect. People with MDD have five or more depressive symptoms, including sad mood or loss of pleasureRead MoreBipolar I Disorder ( Bd )976 Words à |à 4 PagesThis paper focuses on bipolar I disorder, previously known as manic-depressive illness. It includes the definition and characteristics, neurobiology and pathophysiology, psychological and environmental factors about the d isorder. There is also a brief description about nursing interventions. Next, two evidence-based research papers will be presented. Additionally, there will be a summary on two audiovisual films that focused on bipolar I disorder. Lastly, there is a brief discussion about personalRead MoreBipolar Disorders : Bipolar Disorder Essay905 Words à |à 4 PagesBipolar Disorder effect a vast majority of society; unfortunately, a large number of people are unaware that they are Bipolar. They simple think that it is just the ups and downs of everyday life. There is also a number of people who have been misdiagnosed with Bipolar Disorder who are not and are being treat for a disease they do not have. Most likely they have some other disorder but the doctor did not take the time to accurately diagnose their patient. For instance, my grandmother on my fatherââ¬â¢sRead MoreHow Trauma Affects Coping : A Brazilian Study Of Twenty One Female Bipolar Patients1712 Words à |à 7 PagesHow Tr auma Affects Coping A Brazilian study of thirty-one female Bipolar patients, using the Child Trauma Questionnaire (CTQ), Ways of Coping Questionnaire, and Brief COPE, investigated the effect trauma had on coping and bipolar disorder. Of the participants, 80% of reported during childhood they had experienced emotional abuse, 68% reported physical abuse, 63% reported physical neglect. Emotional neglect was reported in 43% of individuals, 27% reported sexual abuse. (Daruy-Filho, Brietzke, Kluwe-SchiavonRead MoreThe Impact Of Bipolar Disorder On The Development Of Self793 Words à |à 4 PagesI found the article, ââ¬Å"I Actually Donââ¬â¢t Know Who I amâ⬠: The Impact of Bipolar Disorder on the Development of Selfâ⬠(2008), by Inder, M., Corwoe., M.,T., Moor, S., Luty, S. E., Carter, J.D., and Joyce, P. R to be very interesting and very much needed. The research explored how oneââ¬â¢s sense of self is impacted by the diagnosis of Bipolar Disorder (BD) at an early age. As seen in the study, the diagnosis had a major impact on the participantââ¬â¢s sense of identity and self worth. There was four major problemRead MoreTaking a Look at Bipolar Disorder1363 Words à |à 6 Pagesmany mental disorders that effect how a person and the person body interpret information and respond to the world. Bipolar disorder is a commonly known disorder that effects a fair amount of people today. It is a disorder that varies in degree and most people can learn how to live with and have a good life. This paper will discuss in more detail what Bipolar is and how it effects a person body physically, neurologically, emotionally, and spiritually. Bipolar is a mental disorder that anyone
Wednesday, December 18, 2019
The American Dream - 988 Words
The things we wish to see, reach, and experience in this life never really come into full motion. That is why life can be classified as a sad carapace on our exteriors as people. Realistically we attempt to better ourselves, looking for new opportunities to advance in job market; with aspirations to move up in the social hierarchy. Thought realities continue to show how frail we are as individuals. However, should this be the premise our break-point, to give up, throw in the towel? If so than I am quite sure humanity and this ideal notion of the American dream is a thing of the past. Why should individuals even brother attending school, starting a family, and obtaining a job? Has this really become the norm? Without a job and without money from said job it would practically be impossible to survive. Unless you are being supported by family member or your family is wealthy, but unlike wealthy families working class families still struggle. As human beings, with the knowledge we posses s today how can we allow for that burden to be placed on our loved ones. The thing is we canââ¬â¢t, but the question we have to ask ourselves: are we to become drones working two to three jobs to make ends meet? This is also unacceptable, but this is the only choice thatââ¬â¢s viable, sometimes in life its do or die: a concept life has delved onto individuals since the beginning of time. Still the optimist in me believes we can become more than just working drones in a society that favors the rich. UnityShow MoreRelatedImmigrants And The American Dream1362 Words à |à 6 PagesImmigrants and the American Dream In the article ââ¬Å"The American Dreamâ⬠, by James Truslow Adams in The Sundance Reader book, he stated that the American dream is that dream of a land in which life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement. It is a difficult dream for the European upper classes to interpret adequately, and too many of us ourselves have grown weary and mistrustful of it. It is not a dream of motor cars and highRead MoreThe American Dream By Kimberly Amadeo1637 Words à |à 7 PagesNowadays, a large number of people migrate to the United States to work and achieve the American Dream. According to the Article ââ¬Å"What is the American Dream?â⬠by Kimberly Amadeo, ââ¬Å"The American Dream was first publicly defined in 1931 by James Truslow Adams in Epic of America. Adamââ¬â¢s often-repeated quote is, ââ¬ËThe American Dream is that dream of land in which life should be better and richer and fuller for everyon e, with opportunity for each according to ability or achievement.ââ¬â¢Ã¢â¬ There are many peopleRead MoreAnalysis Of The Movie The American Dream 754 Words à |à 4 Pages Nyreel Powell Ms. Jones American Literature 1 June 2015 The American dream in A Raisin in the Sun Have you ever had a dream and it didnââ¬â¢t come how you wanted it to be? Have you ever had accomplishments that you wanted to achieve but people were getting in the way of them? The four main characters in this book all have good dreams but there are people in the way of getting to those dreams or their dream is too high to accomplish. A Raisin in the Sun a play written by Lorraine Hansberry, andRead MoreSister Carrie and the American Dream1618 Words à |à 7 PagesThe American Dream is surely based on the concept of ââ¬Å"Life, Liberty and the Pursuit of Happinessâ⬠but it is above all, a matter of ambition. James Truslow Adams, an American writer and historian, in 1931 states: life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievementâ⬠, which not only points towards a better standard of living for Americans but also denounces a degree of greed in the US society. Ambition not only ââ¬Å"killed the catâ⠬ butRead MoreGrapes Of Wrath And The American Dream1644 Words à |à 7 PagesThe idea of the American Dream is ever changing depending on the person and the time of life that person is in. Although the main ideas of the American Dream remain the same to be educated, economically sound, healthy, to have a family, and equal rights. Many great films and works of literature were created to show case all the different ideas people have for their American Dream. The film ââ¬Å"Grapes of Wrathâ⬠directed by John Ford and the poem ââ¬Å"I Will Fight No More Foreverâ⬠by Chief Joseph, both depictRead More Destruction of the American Dream Essay2145 Words à |à 9 PagesDestruction of the American Dream Iââ¬â¢ve talked about it in the past, the destruction of the American Dream. Always, there have been papers, writings, and thoughts that quantify a particular section of its ultimate demise, be it due to money, education, or sexuality. Maybe the destruction cannot be viewed as a singular event or cause. Perhaps instead it must be examined as a whole process, the decay and ultimate elimination of a dream. Self destruction, if you willâ⬠¦ Mr. Self Destruct Read MoreSuccess As One Of The American Dream1137 Words à |à 5 PagesApril 2015 Success as One of The American Dream When we hear the word ââ¬Å"successâ⬠, we often think of wealth and money. To some people, the embodiment of being success is earning a lot of money. In fact, the concept of success is primarily based on how much money a person earns. However, each person views the definition of success differently. One way to define success is something that has more to do with flash than it does with substance. John Wooden, an American basketball player and coach viewRead MoreJim Cullen And The American Dream2081 Words à |à 9 Pages The American Dream, as defined by Cullen, is starting your goal off with a little and ending with more; it s like a business, you invest in it in order to gain more money. Usually, people will define the American Dream as being able to achieve your goal because everyone is offered opportunities. Cullen does acknowledge that people are born with different opportunities, so he talks about the good life. The good life describes different factors that determine your opportunities. Throughout the otherRead MoreFactors Influencing The American Dream1834 Words à |à 8 Pagesindividual to succumb or to not succumb to the seductions of crime. These three factors are brilliantly portrayed in the television show, Breaking Bad and the novel, The Stick Up Kids. The American Dream is what many American citizens strive for. However, not all of those citizens are able to achieve the American Dream through a legal pathway. The reason an indivudal may not being able to do so is because of his or her background factors. It is important to note that background factors are a fractionRead MoreShark Tank And The American Dream1755 Words à |à 8 PagesShark Tank and The American Dream The TV show Shark tank embodies everything the American dream represents. The show obtains successful Entrepreneurs ready to invest their own money into other Americans wanting to be just like them, reaching the American dream and become a successful entrepreneur. The show presents entrepreneurs working towards the goal of creating a business to not only gain wealth but also change the way we live today. The show is to keep the American dream alive and well while
Wednesday, December 11, 2019
Freeganism Dumpster Diving free essay sample
Who would have thought that people would resort to ââ¬Å"dumpster divingâ⬠as a means of filling their bellies? It turns out freeganism, dumpster diving, is the result of years of protest against big business and is a logical way to help reduce consumer waste. Freegans are people who ââ¬Å"use alternative ways of living based on limited participation in the conventional economy and minimal consumption of resourcesâ⬠(What Is A Freegan? 2008). Freeganism is the ââ¬Å"summation of multiple ideologies and movements, and is a total boycott of all economic systemsâ⬠(What Is A Freegan? 008). Freegan strategies include ââ¬Å"waste reclamation, waste minimization, eco-friendly transportation, rent-free housing, going green, and working lessâ⬠(What Is A Freegan? 2008). According to the Freeganism Documentary, every year in Britain ââ¬Å"seventeen to twenty million tons of food is wasted, and that twenty million tons represents one third of all food in Britainâ⬠(Hull 2009). ââ¬Å"That one third of food would be enough to feed thirty million malnourished people around the worldâ⬠(Hull 2009). In an experiment, Hull teams up with three British freegans named Paul, Ulrike, and Alan to better understand freeganism. The three British freegans have dedicated their lives to fighting waste by using as little money as possible and living almost entirely on wasted food (Hull 2009). They estimate that eighty percent of their food is from waste. They also do not receive any money from the British government. Paul, Ulrike, and Alan also ââ¬Å"go out on the street and talk about freegan ideas to anyone who will listen and give them literature on the subject, and their motto is ââ¬Ëliving on lessââ¬â¢ â⬠(Hall 2009). Within the experiment, Hall spent a week as a Freegan and he did it without spending any money on food or help from friends of family. On night one, he dressed up in all black for his first food bin raid. He found two bags of rolls, a box of grapes, a small package of veggies, two gas station sandwiches, and a cheese and tomato pizza. In Hallââ¬â¢s own words, he expressed his own dissatisfaction with freeganism by saying he ââ¬Å"clearly wasnââ¬â¢t going to starve but wasnââ¬â¢t going to have much fun eitherâ⬠(Hall 2009). He also signed up on a website called freecycle. com where he could barter items posted in ads much like Craigslist. He actually posted a wanted ad for food waste and came up with some potatoes and sausage that he picked up from a lady at her house. On the second day, he conducted a day raid on some commercial grocery stores and found that several stores had locked food bins. He talked to several of the store managers and found out that vandalism and contaminated foods were the culprits to blame for the locked bins. On day three, the subject of use by dates and sell by dates was a big issue. He interviewed an ex Starbucks employee and found out when they took out the trash, employees had to take food out of the packages for recycling and to prevent people from collecting out of date food. Also, health and safety standards do not allow the out of date food to be given out and they had to comply with the rules. Basically it was to ensure that they would not be held responsible for a homeless person going through their bins, getting sick, and suing a multi-billion dollar company. On day five, he realized that he could not have completed raiding bins without a car. The bins he had been raiding were far too spread out for a homeless person to walk to all in one day. Then he began to contemplate if a homeless person were to come by after he had already been there, would they have food to eat? On day six of the experiment, Hall begins to question other sources like buying locally sourced foods, but he came to the conclusion that it would be far too expensive for a middle class individual to buy that kind of food every day. He also stopped by a local benefit concert were he interviewed a spokeswomen for Fare share. Fare share is an organization that distributes food to local food banks, offers training for industry skills, and promotes ââ¬Å"no food should be wastedâ⬠(Hall 2009). On the last day, he winds up going into supermarket and asking for food to no avail. In conclusion to the experiment, Hall says that while the ââ¬Å"idealology of freeganism highlights the fact that we are taking food out of hungry countries only to throw it into binsâ⬠, it doesnââ¬â¢t solve the overall problem head on (Hall 2009). Organizations like Fare share do not apply with freeganism but in does have freeganistic characteristics, and is better suited for a more realistic and conservative approach. In my own words, freeganism is another excuse to live an extremely radical life outside of modern society. I understand that freegans want to reduce, reuse, and recycle but the fact of the matter is that they will not change six billion peopleââ¬â¢s minds. They have to understand that if it wasnââ¬â¢t for ass production in the first place, they would not be able to practice Freeganism. They have to have respect for the world we all live in and it seems to me that they are just like every liberal approach to a problemââ¬â itââ¬â¢s extreme! In some of the responses to the Freeganism Documentary, most people seem inclined to test or try the freegan ways. Freeganism is a positive influence in our society but some of the ways British freegans applied it seemed to have a negative tone towards other people .
Monday, December 9, 2019
Corporation Law Appleman on Insurance Law
Question: Discuss about the Corporation Law for Appleman on Insurance Law. Answer: 1(a): Jane went overseas and while going she offered her Lotus Super 7 to Jack. The market value of the car in good condition is 25000 dollars. Jack accepted the offer. Relying on the facts stated, the issue that arises here is, whether an enforceable agreement exists between Jane and Jack or not? For existence of a valid contract, it is important that the necessary elements of a legal contract be fulfilled. Of all the existing elements of a valid contract, consideration is one of the most important elements that should be fulfilled (Deakin and Morris 2012). Consideration is the benefit that one of the parties to the contract receives in exchange of a deal. For example, A offers B a computer at 500 dollars. B accepts. In this case, A is the offeror and B is the offeree. B being the offeree shall pay the amount of consideration to A at the time of buying the computer. A contract without consideration is no contract at all (Furmston, Cheshire and Fifoot 2012). This means that a contract in which consideration is absent is a non-enforceable contract in the eyes of law. A contract in which consideration is absent is sometimes referred to as gratuitous consideration or gift and the contract becomes non-enforceable in Court. A gratuitous consideration is a consideration that cannot be recovered on any injury, loss or inconvenience to the other party (Appleman et al. 2015). In the case of, Thomas v. Thomas, it was held that a contract between two people in which consideration is gratuitous in nature then such a contract is not enforceable. Thus, it can be held that the contract that existed between Jane and Jack is not enforceable as the consideration in their contract is gratuitous in nature (Hudson 2012). 1(b): Jane offered Jack her Lotus Super 7 for 25000 dollars. The market value of the car in good condition is 25000 dollars. Jack accepted the offer. Based on the facts, the issue that arises here is, whether an enforceable agreement exists between Jane and Jack or not? To make a contract legal, enforceable and binding in the eyes of law, it is important that the legal formalities be fulfilled. The following are the requisites to make a contract legally binding and enforceable in the eyes of law: Offer Acceptance Legal Competency Consideration Absence of fraud or coercion Offer means an offer or a promise that is made by the offeror in return for consideration of the promise made. Acceptance means agreeing to the consideration to be paid to the offeror by the offeree and also agreeing for the promise that is to be paid by the offeree (Burrows 2016). Consideration means price paid by the offeree to the offeror in return of some promise or service (Burrows, Todd and Finn 2012). In the given case study, Jane was the offeror and Jack was the offeree. Jane makes the offer to Jack to sell his car for 25000 dollars as consideration price. Hence, it may be held that the legal formality of offer, acceptance and consideration was completed as part of the formation of contract. The case study shows no reflection of the fact that the contract was induced by coercion or fraud. Thus, it may be concluded that a legal, enforceable and valid contract existed between Jane and Jack. In case of breach of contract, any of the parties may file a suit against the other for enforcing the contractual rights as stated in the terms and conditions of the contract. 1(c): Jane offers to sell Jack her Lotus Super 7 sports car for 2500 dollars. However, the market value of the car is 25000 dollars. Jack accepted the offer of Jane. Based on the facts, the issue that arises here is, whether the consideration on which the contract is based is sufficient or not? The contract law lays no restriction on the parties to the contract as long as all the necessary requisites of the valid contract are fulfilled. As per the general rule, the offeror calculates the amount of consideration and demands the price from the promise based on feasible and understandable calculation (Swain 2013). The reason why the promisor does the calculation is that he shall receive the price that is paid in return of the goods or services that is offered. The offeree or the promisee does not have the power and authority to decide the amount of consideration; however, he may bargain the price of consideration if he thinks that the price is not sufficient (McKendrick 2014). Sufficient consideration is a consideration that is deemed by law to be of value in to support a normal contract between parties (Davies 2016). In the landmark judgement decided by Lord Somervell, in the year 1959, in the case of Chappel v. Nestle it was held that even a peppercorn could be regarded as a valuable and and valid consideration as it sufficient enough if the promisor or the offeror has measured it and agreed for the same (Swain 2015). Thus, if a consideration is a stipulation of the promisor it shall be regarded as valid unless the consideration is not unlawful. Moreover, it is important that the consideration should be of some value in the eyes of law. It is often seen that a good consideration is illusionary in nature and it should not be a mere illusion it should be good in reality (Hoeben, Hayes and Domingos 2014). Similarly, in the given case study, it may held that consideration offered by Jane to Jack was valid and valuable in the eyes of law as Jane herself calculated the amount of consideration and per se the amount of consideration was not unlawful. Thus, a valid and enforceable contract existed between Jane and Jack. 2: A contract was formed between the shipbuilder and the buyer for building a tanker for North Ocean Tankers. The consideration of the contract was in US dollars and it contained no provisions regarding issues pertaining to currency changes. While the builder was halfway on its construction, the US dollars devalued by 10 percent. Since the builder realized that he was making a loss in the contract, it demanded for the lag in the amount of consideration and stated it would not proceed with the construction of the work. The buyer at that time agreed to pay extra. However, the buyer commenced an action against the builder only after nine months of the delivery of the tanker. Depending on the facts stated in the case study above, the issue that arises here is whether, the buyer will be successful in recovering the excess or not? As per the traditional definition of consideration, it means benefit that is obtained by the promisor at the detriment of the promise (Bagchi 2013). This is regarded as the best way to make a contract enforceable. A mere promise becomes illegal if it is not guided by consideration. In the case of Currie v. Misa, it was held that a consideration to be valuable it should consist of some right or interest for the advantage of one party causing detriment to the other party (Palmer 2013). However, this definition is not complete and sufficient on the grounds that it is not a complete definition. In the case of Stilk v. Myrick, two sailors abandoned the ship during the voyage to London and the captain promised them to share their wages between the crew if they agreed to continue with the voyage. However, the Captain failed to keep up with his promise (Crawford 2015). The case of Stilk v. Myrick can be differentiated with the case of Hartley v. Ponsonby, wherein the Court held that a promise to pay extra could be made enforceable only if legal benefit is identified. In the landmark case of Universe Tankships Inc of Monrovia v. International Transport Workers Federation, the plaintiff filed a suit against the defendant for recovery of the amount that he paid in extra to the defendant at the time when he demanded for it. The defendant used duress and threatened the plaintiff that he would not release the ship unless the plaintiff agreed to pay the extra amount that the plaintiff demanded. At the time when the defendant demanded the money, he agreed to pay the same; however, late r the plaintiff filed a suit for recovery and he won the case as the defendant used economic duress to get the amount of consideration from the plaintiff (Finch and Fafinski 2016). Similarly, in the case of Williams v. Roffey Bros and Nicholas (Contractors) Ltd, the issue was related to the use of economic duress and invocation of doctrine of consideration. In the given case, an agreement was formed between the principal contractor and the sub contractor. The initial amount of consideration of the contract was 20000 pounds. The contract was related to do some kind of carpentry work. On a later date, the sub contractor realized that the contract for consideration was not sufficient and he demanded the same from the plaintiff. The principal contractor agreed to pay the amount in excess, as he was afraid of the penalty that he may have to pay for causing delay in the work of the sub contractor. Later the principal contractor filed a suit against the sub contractor for recovery of the a mount in excess. He succeeded as the Court held that the contract was induced with economic duress making the consideration void (McLauchlan 2015). In the case study of North Ocean Waters as well, there was likelihood that the North Ocean Tankers might suffer a loss if the builder denied construction of the same. Thus, in this case the doctrine of economic duress and consideration was invoked. In this case, there was formation of two contracts, one contract was between the tanker and the builder containing the original price of consideration without having the provision of currency fluctuations and the second contract wherein the builder demanded extra amount of the consideration. Like it was held in the case of Universe Tankships Inc. of Monrovia v International Transport Workers Federation and Williams v Roffey Bros Nicholls (Contractors) Ltd that a contract which has involvement of economic duress shall be deemed as void and plaintiff may recover the amount he paid in excess of the agreement. In the likewise manner, the plaintiff in this case may also file a suit for recovery of the amount he had to pay to the builder out of fear (Mitchell 2013). Economic duress makes a contract void if it is proven that a party to the contract entered into the contract as he lacked in sufficient options for some other recourse. Economic duress means involvement of wrongful threat or an unlawful action forcing the other party to remain in the contractual obligation (Deakin and Morris 2012). An agreement can be declared void if the party is able to prove his innocence by providing substantial evidence that he was forced to form contract with some other party. The contract should be an outcome of induced threat and action. The case of Siboen led to formation of doctrine of economic duress. The Privy Council in this case held that if any contract is made under the influence of economic duress the contract should be deemed as void making the doctrine useless (Furmston, Cheshire and Fifoot 2012). Conclusively, it may be stated that in the given case study as well, there was use of economic duress with the help of existence of two contracts. In the first contract, an initial amount of consideration was set while in the second contract there was existence of economic duress making the initial contract void. Thus, the buyer has all rights to file a suit for recovery of amount that he paid in excess to the shipbuilder. References: Appleman, J.A., Appleman, J. and Holmes, E.M., 2015.Excuses for Nonpayment and Defenses to Actions for Premiums(Vol. 5). Appleman on Insurance Law and Practice. Bagchi, A., 2013. Perspective of Law on Contract, The.Wash. L. Rev.,88, p.1227. Burrows, A., 2016.A Restatement of the English Law of Contract. Oxford University Press. Burrows, J.F., Todd, S.M. and Finn, J., 2012.Law of contract in New Zealand. LexisNexis NZ. Crawford, B., 2015. Bank of Montreal v. Marcotte:" Exclusive" Federal Financial Consumer Protection Law and the Role of the Law of Contract.Banking Finance Law Review,30(2), p.345. Davies, P.S., 2016.JC Smith's the Law of Contract. Oxford University Press. Deakin, S.F. and Morris, G.S., 2012.Labour law. Hart publishing. Finch, E. and Fafinski, S., 2016.Law Express: Contract Law. Pearson Higher Ed. Ng, I., 2014. The law of contract damages [Book Review].Singapore Journal of Legal Studies, (Dec 2014), p.452. Furmston, M.P., Cheshire, G.C. and Fifoot, C.H.S., 2012.Cheshire, Fifoot and Furmston's law of contract. Oxford University Press. Hoeben, A., Hayes, S. and Domingos, M., 2014. Ubuntu and the law: a trend in judgements: contract law.Without Prejudice,14(8), pp.46-47. Hudson, A., 2012.The law on financial derivatives. Sweet Maxwell. McKendrick, E., 2014.Contract law: text, cases, and materials. Oxford University Press (UK). McLauchlan, D., 2015. The lingering confusion and uncertainty in the law of contract interpretation.Available at SSRN 2653500. Mitchell, C., 2013.Contract Law and Contract Practice: Bridging the Gap Between Legal Reasoning and Commercial Expectation. Bloomsbury Publishing. Palmer, T., 2013. UQ Library Guides: Contract Law: Get started. Swain, W., 2013. Lawyers, merchants, and the law of contract in the long eighteenth century. Swain, W., 2015.The Law of Contract 16701870. Cambridge University Press.
Wednesday, December 4, 2019
Speech President of the United States and Vice President free essay sample
President of the United States and Vice President BY kayaks Carry Roasts Student Council Speech Hello class of 2014, my name is Carry Roasts and Im running for the position of vice president. I made the decision to run for this because I believe that I can make the smart choices that our class needs. I have many qualities that fit this position. Such as, I am very easy to work with. And to be a vice president you must be able to work tit other people and be very open to different ideas.In addition, you must be creative with your ideas. Not only must you be able to think outside the box, but make sure that people like your ideas. Finally, I am open for change. Even if I dont agree, but my other classmates think its the right thing to do, I will find a way to agree with them and make the best of it. We will write a custom essay sample on Speech: President of the United States and Vice President or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I believe that myself along with Collins Albrecht will make a good team. I think this because we get along very easily.We also have a very similar outlook on things, so there will be no debating between us. Like Thomas Edison once said, if we did the things we are capable of, we would astound ourselves. I know that I am able to be a good vice president and if you believe that I am capable of helping the president with the Job of leading the freshman class of 2014, I would appreciate your vote for me. Thank you.
Monday, December 2, 2019
Working Like an Elephant Eating Like an Ant Essay Example
Working Like an Elephant Eating Like an Ant Paper Soga Fajimi Dr. Matos 15 October 2010 English 101 Working Like an Elephant, Eating Like an Ant Where there is no law there can never be sin. In the same scale where there are two or more witnesses the truth shall be established, Human rights describe equal rights and freedom for everybody by the fact of being human and without distinction of any kind of race, color, sex, language, religion, political or other opinions. However, many people have always suffered from the lack of them throughout history. In fact, the lack of human rights has a lot of effects on people lives. In Up Against Wal-Mart, Karen Olsson describes unacceptable ways by which Wal-Mart treat their employee while Sebastian Mallaby in ââ¬Å"Progressive Wal-Mart. Reallyâ⬠views same company as a savior to the poor and low income families. We can see the pro and con from both sides. Threatening employee from forming union, violation of the equal pay law, zero payment for overtime, paying below the minimum wage, rub Paul to pay Apollo. To see whether the Wal-Mart reaction against its employee from joining the union is wrong or right, we need to know the definition or what the labor union stand for. Labor union is an association of workers that seeks to improve the economic and social well-being of its members through group action. A labor union represents its members in negotiations with an employer regarding all the terms and conditions of an employment contract. These negotiations are called collective bargaining, which is concerned with wages, working hours, fringe benefits, job security, safety and other related to an employeeââ¬â¢s working condition. We will write a custom essay sample on Working Like an Elephant Eating Like an Ant specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Working Like an Elephant Eating Like an Ant specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Working Like an Elephant Eating Like an Ant specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This process is now a crucial part of the labor union movement and an accepted practice in many industrial nations. Olsson states ââ¬Å" In 10 separate cases, the National Labor Relations Board has ruled that Wal-Mart repeatedly broke the law by interrogating workers, confiscating union literature, and firing union supportersâ⬠(p 435). Many employees have been fired just because they show interest in joining union. Since they are not allowed to join union all the fringe benefit had been forfeited. It does not speak well when employees are enslaved by the employer. It should be noted that Wal-Mart is obliged to offer the same pay and benefits for they cannot prove that the difference in pay or benefits has resulted because of a reason other than one related to the gender of the employees. By doing so they have violated The Equal Pay Act of 1963 EPA 29 U. S. Code Chapter 8 à § 206(d). The Equal Pay Act (part of the Fair Labor Standards Act) which prohibits wage discrimination by employers and labor organizations based solely on sex. It goes thus in section (d) of the Act Prohibition of sex discrimination: (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which require equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system. From the above it is very clear that Wal-Mart has violated the Act, Olsson mentioned in two different occasion where Wal-Mart pay the female worker less than the male counterparts. He states ââ¬Å"The retailer also faces a sex discrimination law suit that accuses it of wrongly denying promotions and equal pay to 700,000 womenâ⬠(344). Secondly, ââ¬Å"â⬠¦the company pays female store managers less than men in the same positionâ⬠(350). Even Hillary Clinton when she was a first lady in Arkansas she was appointed to make sure that man and women are of equal benefit. But all the two scenarios mentioned above occurred after, this has testifies that Wal-Mart are taken law into their hand. There should be no reason where any company or organizations like Wal-Mart pay less than the minimum wage as stated by the United States Department of Labor. Olsson described the wages as low as anything, imaging an employee McLaughlin who has been with the company for three years still earning $16,800 a year and considered high-paid. I donââ¬â¢t think having second job should be criteria to survive in life. With the fact that they pay less than ought to, they deducted $85 as health insurance coverage from the $550 they pay every two week. In a situation like this you donââ¬â¢t work to live rather you live to work. We should have concluded that Mallaby deserver honorary award in his column ââ¬Å"Progressive Wal-Mart. Reallyâ⬠on November 28, 2005 where He described Wal-Mart as savoir and Samaritan for poor. He states ââ¬Å"The average customer earns $35,000 a year, compared with $50,000 at Target and $74,000 at Costco. Moreover, Wal-Martââ¬â¢s ââ¬Å"everyday low pricesâ⬠make the biggest to the poorâ⬠(357). The question is that can there be leg without head? I believe Mallaby must have received his own share from $6. 6 billion profits pocketed by Wal-Mart. If a company makes a profit of over $6 billion, I see no reason why those behind such huge should suffer. The employee of such company that work like an elephant should in the same scale eat like elephant and not like an ant. It is good to satisfy customer or consumer but such satisfaction should be justify and not to rub Paul in order to pay Apollo. Mallaby should have considered a case where Wal-Mart was forcing employees to work overtime without pay and found guilty of violating the wage-and-hour laws by the jury in Oregon and put himself in the same shoe with employees. All the money that has been wasted to organize anti-union seminars and those spent on video should be for the better living of the employee. Martin Levitt confessed to have helped the company in developing tactics for anti-union also must have received national cake from the company such motion in nothing but unjust and wrong I believe that soon Mallaby too will confess. To this end Wal-Mart should use itââ¬â¢s convenience to inconvenient employer rather than the other way round itââ¬â¢s slogan ââ¬Å"everyday low priceâ⬠should be extended to employees It is the biggest private employer in the United States. Not only biggest employment, I have no doubt that it has accumulated an amazing history of being sued for many reasons, including illegally preventing the unionizing of its workers, and just about every other imaginable violation of workers rights: discrimination against the disabled, sexual discrimination, lack of health care coverage, and unpaid overtime. In the US most of its workers are without health care, and the salaries it pays are, on average, lower than the industry norm. In the recent year there were many class action lawsuits pending against the company in different states in the US for violations of overtime laws. It lost most the class action lawsuit where women proved that they suffered gender discrimination as employees of the company.
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