Contractual Law: A Look at John and Chen Essay -- contract law, case st

a) What arguments could Chen use to support his refusal to pay John more than the original agreed price? A valid contract that is legally enforceable should consist of an offer, an acceptance, an intention to be bound and a sufficient consideration. Accordingly, the first contract formed by Chen and John includes John’s agreement to build for Chen extension of the house in consideration of payment of the price of building materials as per the date of completion of performance of the contract and labor costs of $6000 at the performance of the contract. First and foremost Chen needs to understand that this was the original contract and both him and John were legally bounded by the contract. By changing the terms of agreement, John made a counter offer a fact that Chen could use in his justification for refusal of payment. This is evident as John proposed a new term in the contract by demanding a payment of $10,000 or not doing the job as agreed in the original contract. A counter offer changes the terms of the original contract and at this time Chen had the right he terminate the contract due to John’s counter offer. As a matter of fact, it is worth noting that a counter offer fails to exist if the offeree accepts the new terms of the contract as Chen did but Chen can use it to argue that John had no intention to be bound by the original contract (Koffman and Mcdonald, 2007). Duress occurs in a contract when one party is made to engage in a contract that he otherwise did not want to engage in due to blackmails, threats of bring actual harm, and threats of withdrawal from the contract at the time it is urgently needed. The two types of duress currently existing is physical duress and economic duress and Chen can use econ... ...n argue that failure of his completion of the contract in time was out of circumstances that he could not control. In addition, John can argue that the breach of the term of completion of the building at June was contributed by Chens’s reluctance of acceptance of the second offer. References Books Adams, A. (2010). Law for Business Students. London, U.K : Longman Koffman, L. & MacDonald, E., (2007) The Law of Contract (6th Edition) : Oxford University Press, McKenDrick, E. (2005). Contract Law Text,. Cases and Materials (2nd Edition): Oxford University Press, Cases Bank of Australia Limited v Amadio (1983) 151 CLR 447 Goldsbrough Mort & Co Ltd v Quinn (1910) 10 CLR 674, Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110). Smith v William Charlick [1924] 34 CLR 38 The Mihalis Angelos [1970] 3 WLR 601

Grade World History Essay

Before King Leopold the II of Belgium colonized the Congo, it was known for its independence. It was the ideal place to be for the Europeans. It was geographically diverse, it had mineral enriched soils, deposits of gold, diamonds copper and manganese, and it had a large animal population, lots of plants. King Leopold saw potential in the Congo and made it his. He had an American man, Henry Stanley; secure treaties with all the local chiefs. With those he had complete power of the land. Imperialism on the Belgian Congo had a negative affect in many ways, including geographically, politically and psychologically. One of the major impacts is psychological. Psychological impacts are ones that mess with people’s emotions. King Leopold was a man who did not care about other peoples emotions or their state of being; he cared about himself and how much money he was going to make with the Congo. To quote a Congolese states on the amount of psychological torture he put some of the Congolese people in: â€Å"I ran away with two old people, but they were caught and killed, and the soldiers made me carry the baskets holding their cut-off hands. They killed my little sister, threw her in a house and set it on fire.† (8) The person that is talking sounds like a child. If a child was going through this, which many did, witnessing something this horrifying can be very emotionally scarring. Another impact would be economical. An economic impact is one that affects the business part of things, such as labor systems. â€Å"Tell them [the rubber agents] that we cannot and therefore will not find rubber; we are willing to spend our strength at any work possible, but the rubber is finished. If we must either be massacred or bring rubber, well, let them kill us; then we suppose they will be satisfied.†(20) This quote is from a village headman to Reverend Harris, a British missionary. This is from a workers point of view. It shows economic impact because it has to do with the rubber industry, which was very important in the Congo. A third impact on the Congo is political. Political impact has to do with government or people in government. One quote that gives an example of political impact is one by Reverend Whitehead, â€Å"Their chiefs are being weakened in their prestige and physique through imprisonment which is often cruel, and thus weakened in their authority over their own people they are put into chains for the shortage of manioc bread.† This means that Leopold and his people are forcing the native Congolese to back down in their government so Leopold has more power. Britain was also very involved in the Congo Free State. They were interested in the trading system it had. This effects Britain because it brought in new products to be sold, and potentially could make them money. It is important to study issues like this today so nobody makes the same mistake twice. In conclusion, imperialism in the Congo had an overall negative affect on it. Imperialism affected, not only psychologically, but also politically and economically. King Leopold II never had good intentions for the Congolese people, he just had his own self in mind.

Letter from hospital

I thought I should write to let you know IM safe and IM recovering. I miss you and the rest give everyone a hug from me and tell Rosier I hope she's being good. The hospital Is constantly got new soldiers coming In suffering from nervous exhaustion and shell shock too so IM not the only one, the doctor said It Is an Injury to the nerves and told me to rest and they are putting In place electric shock treatment.All the nurses are very sympathetic but sometimes when they think we can't hear them they call us all weak and say we are cowards. Im not suffering as much as most, a young gentleman has been learning to walk again yet he still wants to get back to the frontline. Yes, am returning to the frontline soon so that's why I took this opportunity to write. We had strict orders not to take prisoners, no matter if wounded my first Job was when I had finished cutting some of their wire away, to empty my magazine on 3 errands that came out of one of their deep dugouts they was bleeding ba dly begging for them to be put out of their misery.They cried for mercy, but I had my orders, they had no feeling what so ever for us†¦ It makes my head Jump to think about It. One time I was In serious danger I was almost completely paralyses with fear. I was slating with Taylor (a fellow soldier) on the fire-step of a trench during an intense bombardment,when it seemed certain that we must be killed at any moment. Shots fired around us; each moment threatened to be the last. I was conscious of biting the fabric on my top to prevent my teeth from chattering.If I had been alone on that occasion I believe that I would be dead now; it was the presence of others that saved me. It's not all been like that, one evening me and Owen was in the barracks and I received a letter from you for my birthday and it kept me going for so long, but everyone has a breaking point: weak or strong, courageous or cowardly- war frightens everyone my breaking point has now unfortunately came. Give my l ove to everyone, Yours sincerely

Convince Me! A Persuasive Writing Activity

Convince Me! A Persuasive Writing Activity ​As your child starts learning more complicated types of writing, she’ll be introduced to the idea of persuasive writing. If she’s the type of kid who frequently challenges or debates what you have to say, then the hardest part of persuasive writing will probably be the writing itself- she’s already working on the persuasion piece! The Convince Me! activity is an easy way for you and your child to practice persuasive writing at home, without the worry of getting a good grade. Persuasive writing puts the everyday challenges and debates into a written form. A good piece of persuasive writing explains the issue at stake, takes a position, and then explains the position and its opposing stance. Using facts, statistics and some common persuasive strategies, your child’s argument essay tries to convince the reader to agree with her. It may sound easy, but if your child doesnt hold her own well in arguments or has trouble doing research, she may need some practice to become convincing. What Your Child Will Learn (or Practice): Persuasive writingResearchAnalytical thinkingNegotiation and written communication Getting Started with the Convince Me! Persuasive Writing Activity Sit down with your child and talk about she needs to do to make somebody else see her side of an issue. Explain that while sometimes she argues, when she backs up what she’s saying with good reasons, what she’s really doing is convincing the other person, given the other person justification for seeing things her way.Prompt her to come up with some examples of situations in which she tried to change your mind about something she didnt agree with. For example, maybe she’s successfully negotiated an increase in her allowance. Tell her that the word for what she did was to persuade you, which means she was influencing what you thought or was convincing you to look at things differently.Together, brainstorm words and phrases that can to try to persuade someone and write them down. Talk about things that happen around the house that you and your child don’t always agree on. You may want to stick with topics that are not going to cause huge fights since this is supposed to be a fun activity. Some ideas to consider include: allowance, bedtime, how much screen time your child has daily, making her bed, the time frame in which laundry has to be put away, the division of chores between children, or what types of food she can eat for after-school snacks. (Of course, these are simply suggestions, there may be other issues that come up in your household that arent on that list.) Choose one and let your child know you might be willing to change your mind about it if she can write a convincing and persuasive essay explaining her reasoning. Make sure she knows her essay has to say what she thinks should happen and use some persuasive words, phrases and strategies.It is absolutely crucial to make sure to set the conditions under which you’ll give in. For example, maybe her goal is to try to convince you to change your mind about eating sugary cereal over the summer, not for the rest of her life. If she convinces you, you must live with the change. Set the rules for engagement first, and dont change them.Read the essay and consider her arguments. Talk to her about what you thought was convincing and which arguments didnt convince you (and why). If you’re not totally persuaded, give your child the opportunity to rewrite the essay with your feedback in mind. Note: Don’t forget, you really need to be prepared to make changes if your child is persuasive enough! It’s important to reward her if she writes a very good piece of persuasive writing.

unit 1 hw 8 Essay

unit 1 hw 8 Essay unit 1 hw 8 Essay Sophia Elky 9/21/14 Period 5 Unit #1: HW #8 Syncretism – the process of blending new religious beliefs with old beliefs Mahayana – Chinese version of Buddhism; placed considerable emphasis on Buddha as god or savior The Benedict Rule – established by Benedict; urged a disciplined life, with prayer and spiritual fulfillment alternating with hard work in agriculture and study Rajput – Regional princes in western India who emphasized military control of their regions Constantine – an emperor of Rome who set up the second capital city of Constantinople and advocating for Christianity 1. The Yellow Turbans were Daoist leaders who inspired a revolt against the empire by promising that divine magic would bring a golden age. They gained popularity as the Han Empire declined because they incorporated magic and healing into their religion, which broadened their appeal. Also, the Chinese bureaucracy and emperor were becoming corrupt and less powerful, and the Yellow Turbans were addressing many of the commoners’ concerns by protesting against this. 2. China experienced 3 centuries of chaos after the fall of the Han because nomads frequently attacked and invaded the land, and the political structure was not operating effectively. Additionally, there were many epidemics that spread across China, which killed as much as half of the population, and China was culturally separated by the growth of Buddhism in that region. However, the permanent mark of this period was not very extensive, as the only effects were the existence of Buddhism in China and different styles in art and literature. This was because the original structures in China were too resilient and durable to be overturned or abandoned. Values like Confucianism were perpetuated despite the 3 century period and the bureaucracy was not fully diminished, for the nomads ultimately assimilated to the preexisting cultural norms. 3. One reason that Hinduism grew as the Gupta Empire declined was that the Hun princes who were now in power originally worshipped gods of battle and did not care for the Buddhist alternative of serenity and contemplation. Another reason was that after hearing about the faith of Islam, Hindu leaders worked hard to increase Hinduism’s popularity by emphasizing religious devotion and writing Hindu texts to Hindi. This convinced many Indians to stay Hindus instead of converting. 4. Islam was detrimental to the Indian economy, as the Arab traders were able to take control of trade from the Tamils in the Indian Ocean. Therefore, India’s previous trade lost some prosperity but did not collapse. 5. The decline and collapse of Rome was more disruptive and serious than that of other classical empires because after its fall, the Mediterranean region was never reunited, unlike China or India. Also, Rome’s political culture was not able to survive through the chaos and was never revived, and the same outcome occurred regarding religion, because the region did not produce one single faith that was strong and widespread enough to maintain unity. 6. After the fall of the Roman Empire, the three regions that emerged were the Byzantine Empire, the Parthian Empire, and the Sassanid Empire. The Byzantine Empire was originally the Western half of the Roman Empire, and retained Mediterranean culture, as they spoke Greek and continued the Roman authoritarian style. It had artistic creativity and traded actively, and despite attempts, was not able to reclaim the entirety of Roman heritage. The Parthian Empire encompassed some of what was previously Alexander the Great’s Empire, and was centered in the Tigris-Euphrates area. They did not produce new culture and instead utilized Persian ways and principles. They were able to sustain an effective military and bureaucracy until they were overthrown by a Persian rebellion that produced the Sassanid Empire. This empire revitalized more of the Persian culture, reviving

A Guide to LaTeX Document Classes

A Guide to LaTeX Document Classes A Guide to LaTeX Document Classes LaTeX is a powerful editing tool for preparing documents in the sciences, computing, and engineering. You can use it to create a variety of document types, from short letters to entire books. But to make sure your work turns out as intended, you’ll need to understand LaTeX document classes. Setting a Document Type All LaTeX documents must include the \documentclass markup tag. This controls the overall layout of the document, with different classes offering different default settings. The \documentclass markup always appears at the beginning of the document and allows you to pick the overall document type. For instance, we could set a document up as follows: The \documentclass markup tag. This would produce a document formatted as an article (essentially, this covers any short document without chapter breaks). We will run through some common document classes below. LaTeX Document Classes There are actually dozens of LaTeX document classes from which to choose. But most of these are specific to particular journals or universities, so you won’t need to use them. However, it is useful to know some widely used classes. These include: Document Class Standard Usage article Used for journal articles, short reports, and any other short documents that do not require a cover page and that are not divided into chapters. beamer A popular document class for presentations. Uses a landscape page format and uses slides (or â€Å"frames†) rather than standard pages. book Used for typesetting books. The book class allows you to use the \frontmatter, \mainmatter and \backmatter commands, which control section and page numbering. IEEEtran For articles published in an IEEE journal format. letter Used to create a formal letter. memoir A version of the book class with additional typesetting options. proc Used for typing up the proceedings of a conference or event. report Ideal for longer articles or shorter books where chapter divides are necessary but where the full book formatting is not required. slides Used to create slides for a presentation. Simpler to use than the beamer class, but with fewer customization options for complicated presentations. Most of these classes also offer a range of options so you can change the general layout and font size. However, if you pick the right class for your document, the default settings will usually suffice.

Ethics Essay Example | Topics and Well Written Essays - 1750 words - 1

Ethics - Essay Example Nor is computer ethics the rote application of ethical principles to a value-free technology. Computer ethics requires us to think anew about the nature of computer technology and our values. Although computer ethics is a field between science and ethics and depends on them, it is also a discipline in its own right which provides both conceptualizations for understanding and policies for using computer technology.† (Moor, 1985) To evaluate this current ethical issue a recent (not more than four weeks old) article form the Brimbank Weekly Newspaper was evaluated. A summary of the core idea behind the article is represented as under: The basic ethical issue that has been highlighted in the article is that Web security is the right of every individual. Ethically it becomes the responsibility of every individual who is an Information and Communications Technology Professional to safeguard privacy and security of others’ interests. Any violation in doing so is not in line with the ethical boundaries to which every ICT related individual is bound. The article further proceeds as follows: The article highlights that schools often propagate the pictures and some personal information of their students without the permission of their parents. The personal information may involve the name of the child or the grade in which he studies etc. It emphasizes the fact that schools themselves do not permit students to put up their pictures in their school uniform on the internet so that the school’s image may not get associated in any inappropriate manner. On the contrary, however the school administrative itself does not practice the same for its students who should be their most valued assets. On the contrary, if the parents try to search their child’s name on any reputable on-line search engine like Google they are shocked to find repeated entries of the child’s name in various documents. This is without the acquisition of any permission from them. Entries for