Monday, May 25, 2020
Racial Equality: Economics vs Education Booker T. Washington and W. E. B. Du Bois were two of many very influential Black leaders in African American history. These men, though born over a decade apart, shared a common aspiration of obtaining equal rights and sought education for change on the behalf of Blacks. However, the philosophy in which these goals would be achieved differed greatly among the two. Booker T. Washington was born April 5, 1856 in Franklin County, Virginia. His mother was a slave which meant that he too would be considered as a slave. The living conditions of he and his family were extremely poor to say the least. Not only that, Washington would occasionally experience harsh treatments from slave owners who would beat him for unsatisfactory performances of his duties. As a slave, Washington was not allowed to learn how to read and write. Nevertheless, this did not hinder his desire to receive an education. W. E. B. Du Bois was born February 23, 1868 in the predominantly White town of Great Barrington, Massachusetts. Unlike Washington, Du Bois was born after the conclusion of the Civil War. After this point, the United States had implemented the 13th Amendment to the Constitution, which abolished slavery (SlaveryÃ¢â¬ ¦); meaning he was born free. As a result, he was at liberty to educate himself even among Whites. It was not until Du Bois was 22 years old that he experienced racial segregation; this, while attending Fisk University inShow MoreRelatedWilliam Edward Burgardt : African American Leading Sociologist, Writer, And Activist Essay713 Words Ã |Ã 3 Pagesmagazine (Staff, 2009). William was a teacher at various universities, such as: Wilberforce University, and Atlanta University as well as, a chair for the Peace information Center (Staff, 2009). Du Bois and Washington has quite the rivalry over the racial uplift. Furthermore, Brooker T. Washington was another leader of the African- American leaders of the 19th and the 20th Century (Brooker T. Washington, 2015). He was the founder of Tuskegee University (Brooker T. Washington, 2015). Brooker put himselfRead MoreBrown vs. Board of Education Essay1490 Words Ã |Ã 6 PagesBrown vs. Board of Education Ever since the founding of the United States of America, blacks have continuously been considered inferior to the white race. In the year of 1954, a substantial advancement in the fight for equality for blacks was prevalent. Countless prominent leaders of the United States realized the injustices that the blacks were forced to endure daily. Stated blatantly in the Declaration of Independence, it is said that all men are created equally. Disregarding the opinions of theRead MorePlight of African Americans720 Words Ã |Ã 3 Pagesproperty rights, access to health care, education, and transportation. Cultural concerns of African Americans currently include not being acknowledged in most educational settings and lack of our cultural experiences in classroom settings denying African American children the right to know the history of where our ancestry evolved. All of these experiences are and some continue to be the journey of African Americans today Groups and organizations promoting r acial equality are the National Association ofRead MoreCivil Rights971 Words Ã |Ã 4 PagesCivil Rights The struggle for equality has been a battle fought for hundreds of years amongst Native Americans, African Americans, and Mexican Americans. When we hear the words civil rights often we conjure images of Martin Luther King Jr. delivering his soul-stirring Ã¢â¬Å"I Have a DreamÃ¢â¬ speech before the nationÃ¢â¬â¢s capital. The truth is, minorities have been fighting for their civil rights way before the 1950Ã¢â¬â¢s in fact it dates way back to the early 1880Ã¢â¬â¢s when Native Americans lost their lands,Read MoreThe Chicago Public School System1226 Words Ã |Ã 5 PagesThe Chicago Public School system was slow to integrate even after the Brown v. Board of Education ruling of 1954. It took much protesting, federal involvement and public outrage to finally bring about more racial equality for the students of Chicago. While the Brown v. Board of Education ruling is thought of as being the reason any racial equality was brought to schools after such long hardships for the African American students, Chicago had a difficult time bringing the ruling to fruition and federalRead MoreEssay on Booker T. Washington and W. E. B. DuBoise1610 Words Ã |Ã 7 PagesBooker T. Washington and W. E. B. DuBoise Booker T. Washington believed that blacks should not push to attain equal civil and political rights with whites. That it was best to concentrate on improving their economic skills and the quality of their character. The burden of improvement resting squarely on the shoulders of the black man. Eventually they would earn the respect and love of the white man, and civil and political rights would be accrued as a matter of course. This was a very non-threateningRead MoreObama Perfect Union Speech - Contemporary Racism1070 Words Ã |Ã 5 Pageshis speech he also talks about institutional racism which goes all the way back to Brown vs. Board of Education which was the Supreme Court case that ruled separation of black and white students unconstitutional. Obama also talked about this in his speech saying, Ã¢â¬Å"Segregated schools were and are inferior schools; we still havent fixed them,Ã 50 years after Brown v. Board of Education. And the inferior education they provided, then and no w, helps explain the pervasive achievement gap between todaysRead MoreThe Importance Of The Civil Rights Movement819 Words Ã |Ã 4 PagesKatelynn Douget 9-25-17 HIST 2057-01 The Importance of the Civil Rights Movement This essay will argue that though racism is still ongoing, the Civil Rights Movement was a vital step forward to provide racial equality in America. The Civil Rights Movement did not just happen over a course of days or months, its process took nearly a century. It has never fully stopped racism, but it has definitely made the United States a more equal nation through laws. Unfortunately, personal opinionsRead MoreEquity and Equality1007 Words Ã |Ã 5 PagesYoussef Haddad Professor Black English 1101 9 Nov 2013 Equality Vs. Equity: People and The Law Throughout the history of mankind and specially in modern times, many struggles emerged from peopleÃ¢â¬â¢s suppressed anger and hatred of the feudalism and the ruling monopolistic powers, and in their effort to create a system most suitable to their wants and desires and what they take as Ã¢â¬Å"valuesÃ¢â¬ and Ã¢â¬Å"rightsÃ¢â¬ they stumbled on what is to this very day one of the most important andRead MoreRacism : A Deeply Ingrained Problem1114 Words Ã |Ã 5 PagesAmerica has made great strides to gain racial equality, but we still hold racial prejudice and negative stereotypes. Because of our previous racist past, we often associate a person s outward appearance with their personality and character. For example we assume all Asians are smart, all black people are criminals, and all Hispanics are great soccer players. We have assimilated other races in to our government and our popular culture, however we still show our racial biases by socially segregating their
Thursday, May 14, 2020
Sample details Pages: 5 Words: 1401 Downloads: 7 Date added: 2019/05/07 Category Sports Essay Level High school Tags: Fitness Essay Did you like this example? I met with three different individuals whom were new to training and nutrition. I explained the type of research I was doing, and asked them if they would be comfortable to tell me 3 specific limiting factors they are facing/have faced within their fitness journey. The first individual (Mona)explained thatshe was not including enough vegetables within her diet;she turned to food to help them cope with their emotions;she wasnot completely sure how to plan out healthy balanced meals for herself as no one had ever shown her. I let Mona know that I would be happy to help her tackle these limiting factors taking it one step at a time. We started with the amount of vegetables she has during the day, and I suggested that she keep track of her food she eats during the day in a chart I provided for her. I let her know that would be a good way to start so we can visually see a record of what she eats on a daily basis. I told her we could meet after 3 days to see what her chart display ed on her food choices. This record was also the suggestion for her to keep track of what food she eats as comfort since she stated she eats unhealthy to cope at times. After 3 days Mona and I met and we went over her food record. We discussed how it is important to have a fist of vegetable with each meal, a palm portion of protein with each meal, one cupped handful of carb foods with each meal, and a thumb of fat with most meals (Hatfield, 2018, p.599). We then discussed how this method will also help with her balancing her food groups as well. The last thing we covered was how she could improve on coping with her emotions by subbing an unhealthy food craving with an activity or hobbyshe would enjoy. She liked this idea as itshe felt it could take her mind off of her food, and mood. We discussed the importance of stress management and how it includes rest and recovery-a rested will is a stronger will (Hatfield, 2018, p.606). I let Mona know that I would be happy to continue to h elp her through this process as she appeared to open up to me about her limiting factors. I let her know that I would check back in with her in 3 days to discuss her progress. The second individual (Dianna) explained that she struggles with eating enough protein during her day as her job is very demanding. She tends to not sleep well, therefore only going on 4-5 hours a sleep a night. Third, she said that her meals she eats are do not make her feel full as she does feel that she has time to balance them out. Dianna is under a lot of stress running her own business, and her exercise time is one of her only escapes from her job. I asked her if she felt she could find the time to keep a diary of her foods she eats for a course of 3 days, and she agreed to do so. Before I left the meeting with her I told her we would meet back at the gym in 3 days and go over her food chart.Keep in mind Dianna is 5 3 and 140 pounds. 3 days went by and she met me back at the gym after work and I could see that her breakfast consisted of a rice crispy bar, and a glass of orange juice. Her lunch consisted of a pack of peanut butter crackers (6 cracker pack), and aPepsi max. I explained the importance of drinking water to Dianna, and she said that she knows it is just hard to drink a lot as she only likes it super cold. Dianna is super nice, but she is an older client and I could see she is set in her ways. I could see that she may be a tough one to get through too, but I was determined to try and coach her with some nutrition tips. She was open to listening to me as she said she knows she needs to eat better, and balance her meals. I asked her if she could try an experiment for one week starting out with a meal plan I provide and see if she feels any different with her energy levels. She agreed. Ididask her what her energy felt like on a day shehas worked all day, then worked out and she said about a 5 on a 1-10 scale.The plan included the recommended amount for women which was 1 palm portion or protein dense foods with each meal, 1 fist of vegetables with each meal, 1 cupped handful of carb dense foods with each meal, and an entire thumb of fat dense foods with most meals (Hatfield, 2018, p.599). I would also recommend to her that she shouldincrease her sleep time to 8 hours a night to see how she feels after a week experimenting. At the end of the period I would ask Dianna what her energy level would feel like to see if it had increased closer to the 10 on the scale stated above. I would go over her overall protein intake to see if she followed the recommended portions I suggested as well. The third individual (Dallas) I met with that was new to the exercise and training scene told me that he skips meals at times, then eats meals that are too large where he feels bloated. He will work straight through lunch some days, and then eat a big supper at night as he feels like he is starving. He went on to tell me that doing the work of eating healthy is har d at times as he is surrounded by his friends that like to go eat at places where the food is not so healthy. I did ask him if his friends are the type that can eat whatever and never gain weight, and he said they are and that he doesnt think that is fair as he has to work so hard to try and stay healthy. I explained that is a frustrating part of this lifestyle, anda person doeswant to go eat with friends as I could seeDallas was a sociable person. Dallas then told me that he does not include the recommended amount of vegetables in his day either, but he does try and make time to eat at least one serving a day. He loves eating green beans and asparagus on the grill. With Dallas I incorporated the same kind of plan like I did with Dianna. I had him take a chart I provided to him wherehe is to take a diary ofwhat he eats for 3 days. I explained to him the daily recommendations for balanced meals with each mea which included: 2 palm portions of protein, 2 fists of vegetables, 2 cupp ed handfuls of carbs, and 2 thumbs of fat dense foods (Hatfield, 2018, p.598).I wanted him to try and understand theimportance of not skipping meals as he may not get the nutrients his body needs. I told him I would check back with him in three days and see how he feels, and to see how his energy level improves. As with any client, I will make sure to let them know that this is just a recommendation on starting the process. I will not come across as a trainer that has high expectations, as I will want to meet the client where they currently are and slowly help them build confidence in overcoming limiting factors in their lifestyle fitness journey. I will encourage clients to look at how they feel after trying these methods, and see where they struggle and what we can tailor to help them meet their needs so they can feel like they are meeting a goal they have set. The book explained the confidence method(Hatfield, 2018, p.602) and how it incorporated a scale on replacing an unheal thy snack with a healthy choice snack. It is better to have a client pick a decent method they can actually follow rather than a perfect method they quit after a few days (Hatfield, 2018, p.602). The individuals I chose let me use their name in this study. Hatfield, F. (2018). Fitness: The Complete Guide Official Text for ISSAs Certified Fitness Trainer Course. 9th ed. Carpinteria, CA: International Sports Sciences Association, pp.598, 599, 602. DonÃ¢â¬â¢t waste time! Our writers will create an original "About Fitness And Nutrition" essay for you Create order
Wednesday, May 6, 2020
Marriage should be between a spouse and a spouse, not a gender and a genderÃ¢â¬ (Hertzberg). Same sex marriage is no longer a question of the legality of the subject; instead, people are now focusing on the aftermath of same sex marriage being legal. The legality of same sex marriage has forced multiple businesses a-nd religious organizations to adapt to the new ways of America in order to better suit the people of this great nation; however, not everyone is on board with the new movement including multiple people who refuse to serve the same sex community and their rights as citizens of the United States of America. The only way America can move on from its dark past is if the people of America can get over the fact that religion never promoted hatred and violence against others who did not seek it out. Religion was put in place to impose a better future for those who believe in a greater being that looks over us all. Religion might state to not agree with homosexuality; how ever, it also states that society must love and accept thy neighbor for who they are and not discriminate towards them or what they stand for. In the constitution, the first amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (The Bill of Rights). Therefore, to refuse same sex couples, whether it be applying to get marriage license, applying to marry in a church, the right for joint federal tax returns, joint bank accounts,Show MoreRelatedSame Sex Marriage Should Be Legal1288 Words Ã |Ã 6 Pages Marriage is not precisely the same as it used to be interpreted. For example, women used to be their husbandÃ¢â¬â¢s property. Sometimes the women were forced to marry whoever their parents wanted them to marry and most of the time they couldnÃ¢â¬â¢t leave the marriage. Nowadays women have more freedom. They can vote, they can run their own business, and they can marry whichever man they want to. The laws chan ge as the peopleÃ¢â¬â¢s mind change. As they get more comfortable with the idea, they become more openRead MoreSame Sex Marriage Should Be Legal Essay1475 Words Ã |Ã 6 PagesSame sex relationships relate to when a man or woman are attracted to someone of the same gender of themselves. It is being rejected as same gender marriage denies the obvious purpose between a man and a women which is procreation (Richardson-Self, 2012). Denying same sex couples the legal right to get married, could mean that they are being denied their basic human rights to enjoy human benefits (Richardson-Self, 2012). However, the opposing view is that if gay marriage was granted the legal rightsRead MoreSame Sex Marriage Should Be Legal1403 Words Ã |Ã 6 PagesSame-Sex Marriage Ã¢â¬Å"I now pronounce youÃ¢â¬ ¦Ã¢â¬ At some point in a personÃ¢â¬â¢s life, they have heard or will hear those words. What follows, however, has changed somewhat over the years; although, the commitment has remained the same. Those words historically indicate that until the death of a spouse, that couple shall remain together. Who should be able to determine whom that spouse is for that person? Some people judge others for their sexuality and how it is affecting them, but they never stop andRead MoreSame Sex Marriage Should Be Legal1144 Words Ã |Ã 5 PagesGay Marriage There are many issues the revolve around same-sex marriage. Many issues like: Whether same-sex should be legalized and should there be an amendment on same-sex marriage? There are multiple side to view this, but gay marriage but in my opinion gay marriage is socially accepted. it should be legal and it does affect American teens in a broad spectrum of ways. There have been a lot of issues on whether or not same-sex marriage should be legal or not. According to Burns, Ã¢â¬Å" The unionRead MoreSame Sex Marriage Should Be Legal998 Words Ã |Ã 4 PagesSame sex marriage ought to be legalized on the grounds that it is uncivilized and unmerited. Marriage is a commitment between two people that cherish one another. In almost every country and culture, marriage is a commitment of loyalty and love. Marriage is an authority contract gathering two individuals together, furnishing them with profits of holy matrimony such as tax cuts and clinical privileges. The debate throughout most countries today is whether or not the rights of these profits and commitmentsRead MoreSame Sex Marriage Should Be Legal1659 Words Ã |Ã 7 Pages Same-sex couples can hardly remember a time where they were not fighting for their right to marriage in the United States. After several court cases, California Proposition Six, and their struggle against the Defens e of Marriage Act (DOMA), same-sex couples found their way into U.S. society. Many misguided studies appealed to those opposing same-sex marriage, but after several years of integrating in society, same-sex couples found the support they were looking for. Before the Supreme CourtRead MoreSame Sex Marriage Should Be Legal899 Words Ã |Ã 4 Pages In the United States, same sex marriage became legal nationwide on June 26, 2015, when the United States Supreme Court overruled the court in favor of same sex freedom and marriage. The victory of same sex marriage came to be recognized from the Obergefell v. Hodges case which was submitted when an American Ohio man was denied and regretted to get his name on his late husbandÃ¢â¬â¢s death certificate. Same sex marriage has been a controversial social issue in the United States for several decades. SinceRead MoreSame Sex Marriage Should Be Legal1491 Words Ã |Ã 6 PagesSame sex marriage is one of the most debatable issues in the modern world. Marriage has been accepted as the social union between a man and a woman for the past thousand years. Homosexuality was viewed with scorn, and marriages among same sex couples were prohibited in most cultures across the globe. However, gay relationships are slowly obtaining acceptance, as homosexuals have come to be expressive in fighting their rights to marry in the early 90Ã¢â¬â¢s. As homosexuality grows in acceptance in theRead MoreSame Sex Marriage Should Be Legal2253 Words Ã |Ã 10 Pages1776). The recognition of same-sex marriage is an issue influenced by numerous factors, and debates continue to arise over whether people in same-sex relationships have the right to marriage. Marriage provides many benefits, legally, financially, and personally. Same-sex marriage can open up those in same-sex relationships to tax benefits and financial demands comparable to those afforded to and required of people in opposite-sex marriages. Same-sex marriage also gives them legal pr otections, such asRead MoreSame Sex Marriage Should Be Legal892 Words Ã |Ã 4 PagesLove Same sex marriage is now allowed in all states across the country. But it took years and years for this Ã¢â¬Å"issueÃ¢â¬ to be finally laid to rest. The first state to legalize same-sex marriage was Massachusetts in 2004. There was not a last state to legalize gay marriage. The supreme court realized how many states were now legalizing it, so they just had all of the states left legalize it as well. ProCon.org supplies information that Ã¢â¬Å"Twenty-six states were forced to legalize gay marriage because
Tuesday, May 5, 2020
Question: Describe about the Valid Contract Elements". Answer: The offer is the first step of formation of a contract this expression defines a persons willingness for contracting in line with the specified terms. These terms further are made with the intention of making the terms of the offer binding as soon as the parties accept the same. There are two parties to an offer, (i) offeree to whom the offer is being made and (ii) offeror who makes the offer. An offer has three requirements (a) it needs to have exchange terms; (b) a willingness must exist for offeror to have the terms of the contract to be binding on him and (c) once the offeror has accepted the offer the offerree has the power to bind the offeror and the offeror cannot retract the offer once the same has been accepted by the offerree. The case of Pharmaceuticals Society of Great Britain opined that the goods which are displayed in a shop have been put there for allowing the customer to choose from them only. An offer however would be made only when an offer is made by the customer for purchasing. Thus Alan went to the store of Ben to look at the liquor on display since he wanted to purchase the same. This was only an invitation to treat since he was only looking. There was a counter offer that was made by Ben with respect to Alans request of buying Russian distilled vodka thus nullifying the initial treat to offer. Later upon insistence of Alan being the offeror that he wished to purchase only Russian distilled vodka Ben being the offeror assured him that the vodka provided by him would satisfy his requirement. It was opined in the Bannermans case that upon communication of a specific term by the offeror to the offerree the same shall be binding on the offeror. In the case of Ben and Alan there are specific terms which Alan communicate to Ben and it was in furtherance of these specific terms that the transaction was commenced. This was on the basis of this assurance that there was an acceptance of the offer and consequently the consideration was paid and the same acknowledged by way of receipt. The final element of a valid contract is that of legal capacity which broadly means that people who are either minors (in Singapore the age of majority is 18 years with effect from March 2009) or mentally incapacity do not have the capacity of forming a contract. Further it can be observed the Alan is an avid drinker hence a presumption can be made that he is not a minor further he also very clearly indicates his preferences and describes it correctly to Ben hence it is further presumed that he is not mentally incapacitated. In the case of Ben he is salesman for alcohol who is dealing deftly with the client hence presumption can be made that is not a minor nor mentally incapacitated. There has to exist the legal intention for creating a relationship that is legally recognized. There exists an intention to create a relationship that is legal because this is a contract of sale which is commercial in nature. Further based on the fact that there has been completion of the transaction and receipt provided for the same it can stated that there was an intention for creating a legal relationship. Thus, there has been a valid offer and acceptance, upon being assured that the alcohol is Russian Vodka he accepts the offer thus and paid to Ben the consideration for the same and a general rule exists that a promise will be enforceable only if there is a consideration attached to it. There is also a clear intention of forming a legal relationship and both the parties have the legal capacity to form a valid contract. There was quality of product however which Ben assured at the time when the purchase was being made however the alcohol that was purchased by Alan proved to be dangerous. Thus there has been a misrepresentation of the part of Ben and any contract which is formed on the basis of misrepresentation maybe set aside. Applicable Law Where there is a specific description of products that are being sold then it an implied condition under Section 13 that the goods should match the description of the properties that has been sold. It is with the products description and not the quality that this section is concerned with (Arcos v Ranaason  AC 470). Therefore since Alan had specified that Russian distilled vodka was required by him and it was assured by Ben that the liquor was what had been requested by Alan hence the Sale of Goods Act section 13(1) would be attracted however the description of the product does not correspond with the product that had been specified by Alan. Though it can be assumed that Ben being only a salesman who was selling liquor may have unintentionally sold the liquor to Alan. It is not possible to take out the fault that was there in the alcohol without using any scientific method and even Alan and his friends realized that the liquor was not good when they had consumed it. However, it must be noted that this section 13 cannot be relied upon in those cases where the buyer has actually viewed the products (Harlington Leinster v Christopher Hull Fine Art  1 QB 564). Standard placed under section 14(3) wherein the buyer has informed the seller certain qualities that are required by the goods then there are higher standards. Under this the seller would be liable even if there is satisfaction of the safety aspect however the product is not the specific to that which the buyer had required(National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2007). It must also be noted further that the alcohol which was sold by Ben was not legal and as held in the case of Rowland vs. Divall when a product has been obtained by illicit or illegal method then the same shall not be justifiable. A receipt is when a party acknowledges in writing that they have from the person whose name has been mentioned on the receipt received a consideration as has been specified in the receipt. In the receipt sometimes apart from acknowledgment of receiving of particular this there is also an acceptance of doing from the agreement between the parties another thing. The receipt is however only a prima facie evidence of the contract which exists between the parties which is considered. For incorporating a written term in the contract and the same to be considered by the court one of the main requirements is that the terms incorporation notice has to be given either before the agreement to the contract or during the agreement to the contract. Thus in the given situation between Alan and Ben the receipt only an evidence of the contract between Alan and Ben acknowledging the consideration received and paid by the respective parties. It was established in the case of Olley vs. Marlborough Court Hotel case that for considering the terms to be incorporated into the contract it is necessary that there should be a notice of the same either at the time when the contract is being made or before the contract has been made(Olley v. Marlborough Court Hotel, 1949). In light of the aforementioned discussion and case law, it is clear in the situation of Ben and Allan the exclusion clause which was added to the receipt being that the products sold are not refundable nor the seller responsible for the safety of the products it was necessary for Ben to inform Alan of the same at the time of formation of contract or before the contract was to be considered to be a part of the contract since it was made known to him after the contract had been formed and consideration made it would not be an exclusion clause in the contract and Alan can claim damages from Ben as in the case of Olley vs. Marlborough Court Hotel. Further it is also essentialto notethat the it is in the document of contract that the exclusion clause should be incorporated. This document of contract is the one which any reasonable person should assume to contain the contracts terms and should not be just the mere acknowledgment of consideration being received like a receipt (Parker v. SE Railway Co., 1877). Application of Law For claiming damages for negligence it is first essential establish that a duty of care existed. A duty of care is said to exist if there is proximity between the plaintiff and the defendant. There is a test of reasonable foreseeability for establishing duty of care: There will be a duty of care that the defendant will owe towards the plaintiff where it can be foreseen reasonably that harm might be caused to the plaintiff due to omission or act of the plaintiff. There has been a breach of duty on the part of Ben when he sold the bootleg alcohol to Alan since it could have been reasonably foreseen by him that any person who would be drinking the alcohol could be harmed(Donoghue v Stevenson, 1932). In the case of Donoghue v. Stevenson the product liability principle was established in which it was stated that there existed a duty of care even when there was no contract or no proximity of parties(Donoghue v Stevenson, 1932). It also further stated that reasonable care should be taken for avoiding omissions or acts which can be foreseen reasonably that it is likely to injure neighbor. Neighbors under law are those who are directly and closely affected by the act (Donoghue v Stevenson, 1932). When it comes of sale of goods the duty of care is owed to the ultimate consumer even if there was no chance on inspection of the product. Thus keep in purview the product liability principles established it can be stated that a duty of care is owed towards the ultimate consumers and the neighbors to ensure that there has been no act or omission that would likely cause harm. Causation requires it to be necessary that negligence should be harms necessary condition, and that harm is falling within the defendants scope of liability. Issue of remoteness and causation are separately tended to, the but for test is the key tens when it comes to causation which basically question whether there could have been sustaining of the loss but for the negligence of the defendant. The case of Barnett v Chelsea and Kensington HMC (1969) is a leading case in this regard(Barnett v Chelsea and Kensington, 1969). Thus, since there has been a breach of duty on the part of Alan by selling harmful bootleg alcohol he would be held liable for it even by Alans friends and there is no remoteness of relationship since it was by drinking this alcohol that Alans friends had fallen sick. Also the product liability principle would be applicable in this situation and since Alans friends are the ultimate consumers there lies an action against Ben from them. Further in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Also in case of Alans friends and the alcohol supplied by Ben if we apply the but for principle it can clearly be stated that had it not been for the harmful alcohol they would not have fallen sick hence the harm falls within the scope of liability of Ben. Action can also be brought by Alans friends under the Chapter 53B "Contracts (Rights of Third Parties) Act" where the enforcement of contract terms can be done by third party. Under the neighborhood principle the friends shall qualify. References Articles and conditions of building contract.(2011). Singapore. Bannerman vs. White, 10 CBNS 844 (1861). Barnett v Chelsea and Kensington, HMC (1969). Ch.09 Domestic Sale of Goods. (2016).Singaporelaw.sg. Retrieved 4 July 2016, Compact Metal Industries Ltd v PPG Industries (Singapore) Ltd, SGHC 242 (2006). Donoghue v Stevenson, AC 562, 580. (1932). Frost v. Aylsbury Dairy Co. Ltd., 1 KB 608 (1905). George Mitchell v Finney Lock Seeds, 2 AC 803 (1983). National Foods Ltd v Pars Ram Brothers (Pte) Ltd, 2 SLR(R) 1048 (2007). Neyers, J., Bronaugh, R., Pitel, S. (2009).Exploring contract law. Oxford: Hart Pub. Olley v. Marlborough Court Hotel, 1 KB 532 (1949). Parker v. SE Railway Co., 2 CPD 416 (1877). Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd., 1 Q.B. 401 (1953).
Monday, April 6, 2020
What does Orwell do in the opening two pages of the novel ? Essay In the novel Nineteen Eighty-Four, the author, George Orwell employs a range of different techniques such as similes, metaphors and symbolism to unnerve and keep the reader in anticipation, impelling them to read on. The novel is in a third-person narrative style, this technique employed by Orwell creates a distance between the central character, Winston Smith and the reader. This vagueness adds tension and mystery to Orwells depiction, only allowing the characters emotion to be revealed through dialogue. The narrative viewpoint also allows the reader to grasp an unbiased view of the character and his circumstances. Throughout these first couple of pages Orwell purposefully refuses to expand on things which confuse the reader. For instance, The hallway smelt of boiled cabbage and old rag mats, and simply doesnt give an explanation why. This deliberate omission is employed to purely keep the reader on edge and impel him/her to read on. Another example of this is towards the end of the second page, The Patrols did not matter, however. We will write a custom essay on What does Orwell do in the opening two pages of the novel ? specifically for you for only $16.38 $13.9/page Order now Only the Thought Police mattered. This line immediately grabs attention and creates suspense, but Orwell leaves it here. The reader is now left feeling insecure and leaves us questioning ourselves through mere confusion of what may be happening in this society. Another technique utilized by Orwell to disturb the reader is the use of unusual contradictions; an example of this is given in the first line. It was a bright cold day in April, and the clocks were striking thirteen. After reading this opening line the reader becomes confused because usual connotations of the word Bright wouldnt normally be associated with the word Cold. Therefore a bright cold day would seem a little irregular but effectively creates atmosphere and tension, this poetic technique is called an Oxymoron. After this Orwell goes on to portray the clocks striking thirteen, this again, is a clever contradiction introduced by Orwell which directly unsettles the reader. The number thirteen itself is known as an unlucky number, associated with evil. These unusually dark connotations all add to the obscurity of the feeling Orwell is trying to depict and leave the read mystified about what is going to happen. In addition to this Orwell applies various similes, metaphors, repetition and symbolism to convey different emotions across to the reader. An example of the similes used is on the second page, a helicopter skimmed down between the roofs, hovered like a bluebottle. This clever expression compares the hovering helicopter with a bluebottle fly. The helicopter snooping about annoying and hassling people just like the hovering pest Orwell wants it to be related with. The repetition used within these two pages is based around the block capital written captions, BIG BROTHER IS WATCHING YOU. These headings are repeated twice; they are outstanding and emphasize the authority and presence of this establishment. Again, Orwell doesnt go into detail about what this organization symbolizes or stands for; he simply proceeds with the descriptions. This lack of knowledge of Big Brother leaves the reader wanting to know more about what control this unexplained leader has over the society. Furthermore, the symbolism which exploits this societys conduct with their people is portrayed through Winston Smith, the main character. Was thirty nine-nine and had a varicose ulcer above his right ankle and a small, frail figure, the meagreness of his body These descriptions of Winston prove that this society run by strangers, is under the unhealthiest of commands and nobody, especially Winston is treated correctly. These descriptions leave the reader with sympathy for Winston but still in a fearful atmosphere and anxious of what is going to happen. In conclusion to the question, George Orwell has employed successful and intelligent techniques that keep the story on a suspenseful edge whilst the reader and Winston Smith remain within a mysterious distance of each other. The distance is ample enough for the reader to be optimistic and impelled to go on.
Sunday, March 8, 2020
An Overview Of The Gender Situation In The Philippines Essays An Overview Of The Gender Situation In The Philippines Essay An Overview Of The Gender Situation In The Philippines Essay The socio-cultural traditions are clashing with the MET and cyberspace generation. The long history of colonialism has embedded a patriarchal culture among Filipinos. The conception of women as full-time homemakers, as subordinated to men, violence against them is private, as reserve labor force, and as sexual objects is now being eroded by modern women asserting themselves in many aspects of life. But on the other hand, some are either reorganized, discriminated, or even exploited by the harsh realities of global economy and consumerism. Both the changes and the inertia of traditions are the backdrop of a very active and dynamic womens movement. The Philippines is a main player in the international womens arena and this is anchored on a very vibrant local womens movement. Numerous organizations and Nags exist for the cause of gender equality and other related women issues. This puts the gender equality issues at the forefront Of national discourse and precludes further downslide of women status in the modern Philippine society. Indeed, there are many handles for the changes to happen. These legal and policy gains resulted from the strong voice of women that started even during the anti-dictatorship struggle that culminated with the ascension of Corcoran Aquinas as the first woman president of the country. The 1987 Constitution states two prominent provisions. The first in the Declaration of Principles Article II Section 14 which asserted that The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men. Additionally, the Article XIII-Labor: Section 14 provided that The state shall protect working women by providing safe and healthful working conditions taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Following from constitutional provisions and the subsequent efforts to broaden the its principles, numerous legislation were enacted that relates to the various aspects of women and gender concerns, The list include: Gender and Development Law (5% of government agencies budget is for gender concerns) Party-List Law (women as a particular sector for representation in the legislature through party-list elections) Anti-Sexual Harassment Law (defining SSH and providing mechanisms) Anti- Rape Law (elevation of rape as crime against person) Barraging Day Care Center Law (day care center for every village) Women in Nation-Building Law (allocation of budget for women from development funds from foreign governments and multilateral institutions) Anti Mail- Order-Bride Law (making the practice unlawful) Repatriation Law (repatriation of Filipinos who lost citizenship by marriage in case Of need) Non-Discrimination Law in Labor Code (women protection in hiring and pay) Comprehensive Agrarian Reform Law (equal rights for women to be recipients of land) Military Training equality (women can enter the military and police schools and providing facilities for them) While the legal framework is there, the actual situation mirrors the deep gender divide. In the aspect of women in politics, the notable success of overall women is overshadowed by the actual ground level statistics. The lady Vice-President is up to now a shoo-in in the next presidential elections in 2004. But the big picture shows that of all the elective positions occupied through the 1998 elections, only 15% are women. In the two-chamber Congress, the Senate (Upper House) has 17. 4% women membership (4 out of 23 seats) which the House of Representatives (Lower House) has 12. 4% (27 out of 217 seats). The first party-list elections in 1998 wherein sectors groups like women competed to get a maximum of 3 seats ere party in the House of Representativesresulted in the winning of one (1) seat for a single womens party. Five (5) Other womens party did not make the minimum votes required. At the local government level, women Provincial Governors constitute 17% while Vicegerents are at 1 1. 5% level. Among the City and Town Mayors, 14. 5% of them are women while the ranks of the Vice- Mayors are at low of 10. 8%. The labor force statistics show also a mixed picture. Since there was a notable finalization of the workforce in the past years, July 2000 figures showed that there are 1. 42 million unemployed women while there are 2. 31 million unemployed men. However, more women are taken in for labor flexibility arrangements especially in the big services sector like in retail trade. This leaves them exposed to employment insecurity and unfair compensation schemes. Women still accounts for 53% of the unpaid family workers while they constitute only 37. 7% of the wage and salary earners. Though this shows that the regular income possibilities for women are still limited, the average household annual income of female-headed families is higher. The situation also pushes them to seek employment overseas. Increasing numbers of domestic helpers and entertainers are also being deployed both legally and illegally. Within organizations, the gender balance is under overhaul. Trade union leadership is still male-dominated but women committees and affirmative actions have changed the complexion of decision-making.
Friday, February 21, 2020
How redefining the term "mistress" can illuminate other confusing aspects of the poem "Sonnet 130", and potentially also, provide evidence about the poet's unknown identity - Essay Example However, the author has not specified this; his use of the term is ambiguous. The word mistress has three identified meanings. The word can be used in reference to a woman that has an ongoing- extra marital relationship, in many cases, with a man that is married. The second meaning of the term is as a prefix to the title that is bestowed upon a married woman Ã¢â¬â MRS. Lastly, it is used to refer to a woman who holds a position of authority or who exercises control over something or someone. This paperÃ¢â¬â¢s focal point is to establish how various statements within the poem could be more sensible should be it taken to mean that his intention for using the word mistress was in the latter regard. From the language used, the author refers to someone that he did not fancy to be in relationship with. The line, Ã¢â¬Å"And in some perfumes there is more delight than in the breath that from my mistress reeks (Shakespeare "Sonnet 130", 7-8),Ã¢â¬ is the best illustration of this. Had Shakespeare, been referring to a lover, his description would not have been as blunt. This could be the true quality of a lover, due to the romantic regard lovers hold to each other; one is more likely to withhold this kind of information. Furthermore, lovers rarely concentrate on the negative attributes that their counterparts have, but rather chose to focus on the positive. Therefore, this disqualifies the notion that the author could have been using the word to refer to a person that he had for a romantic relationship. If one is in a romantic relationship, they are usually very fond of their counterpart. Therefore, they speak of them only in the most alluring and appealing fashion. However, from the poem, the author appears afraid of the person that they are referring. Ã¢â¬Å"My mistresses eyes are nothing like the Sun (Shakespeare "Sonnet 130", 1).Ã¢â¬ the statement itself illustrates that the author does not feel fond of the person in question. He does not feel