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Wednesday, May 27, 2020

5 Things You Must Know About New SAT Math

The New SAT has arrived and with it come many changes. All this uncertainty can cause test anxiety. However, take heart worried SAT preppers! Magoosh is here to clear up those doubts by giving you everything you need to know about the new version of the exam. In this post, I’ll break down the important updated features of New SAT Math. #1: There is One Section Where You Can’t Use a Calculator Test-takers were previously allowed to use a calculator on every SAT problem. Now one SAT section allows calculator use, while the other prohibits it. You might assume that the no-calculator section of SAT Math (which has 20 questions) would have easier problems than the calculator-allowed section. Actually, the opposite is true. This 15-question no-calculator SAT subsection is designed to assess your ability to do complex, multistep questions without a calculator. So the problems can actually be quite complex. Be prepared to do things without a calculator that you might normally do with calculator help. #2: There is A Larger Section Where Calculator Use is Ok Section 3 of the New SAT, the â€Å"Math-No Calculator Section,† is followed by the fourth and final section of the exam, a 38-quesiton math test where calculator use is permitted. This longer section contains a handful of really difficult questions that may require heavy calculator use. For the most part, these 38 questions are actually easier than the ones in the previous section. What’s being tested here is your ability to know when to use a calculator and how to use a calculator correctly. You want to avoid using a calculator on the easiest questions in this section, as calculator use can needlessly complicate an otherwise simple question, increasing your chances of error. Even on the harder questions, it’s probably best to use the calculator for checking your work, not for the initial problem-solving operations. #3: There Is a Much Greater Emphasis on Statistics and Probability Prior to the New SAT, the exam included a few statistics and probability questions, usually -16 geometry and measurement questions on the SAT. Now on the New SAT, there are just 6-7 questions related to geometric principles. That being said, the New SAT includes some geometry problems that are slightly more advanced than before. Specifically, the New SAT is introducing a trigonometry component to its newer, shorter geometry question set. Trig focuses on advanced calculations related to angles. The trig component in the New SAT is very basic and is unlikely to touch on high-level trigonometric functions such as sine or cosine. Instead, trig may be a partial aspect of a New SAT geometry problem. An example of a typical trig-related SAT problem can be seen on Khan Academy’s YouTube Channel.

Saturday, May 16, 2020

Transformations in Ovids Metamorphosis Essay - 1367 Words

Transformations in Ovids Metamorphosis Transformations from one shape or form into another are the central theme in Ovids Metamorphoses. The popularity and timelessness of this work stems from the manner of story telling. Ovid takes stories relevant to his culture and time period, and weaves them together into one work with a connecting theme of transformation throughout. The thread of humor that runs through Metamorphoses is consistent with the satire and commentary of the work. The theme is presented in the opening lines of Metamorphoses, where the poet invokes the gods, who are responsible for the changes, to look favorably on his efforts to compose. The changes are of many kinds: from human to animal, animal to human, thing to†¦show more content†¦Upon encountering Daphne, Apollo falls madly in love with her. Overcome by Cupids arrow, Apollo sets aside reason and becomes engulfed by his hope of attaining his love. Before being transformed, Apollo would most likely have paid little or no attention to Daphne, b ut now, Apollo is overcome by his lust for beauty. Ovid compares Apollos love for Daphne to a flame in a brush. This metaphor used by Ovid is very effective. The change that goes through Apollo is very sudden and fast. The imagery of a flame rapidly spreading through brush conveys the idea of an almost violent change. The god is consumed with a desire for the girl. His chase is fueled by a hope to overcome the ultimate futility of his actions. He sees every part of her as beautiful, her eyes, hair, face and even speculates as to the beauty of her hidden regions. Unsatisfied by the sight of Daphne and wanting more than just a glimpse of her beauty, Apollo follows Daphne as a hound chases a rabbit. The hope for his fruitless love keeps Apollo close on Daphnes trail, and fear motivates Daphne to stay just out of reach. When Ovid tries to convey the intensity of the flight, he says, He gave the fleeing maiden no respite, but followed close on her heels, and his breath touched the locks that lay scattered on her neck,;(p. 43) Finally, burdened by mortal exhaustion, Daphne prays to her father to deliver her from her torment. As the words leave her mouth, Daphne is transformed for the secondShow MoreRelatedKafka s Metamorphosis : Transformation, Adaptation, And Death1034 Words   |  5 PagesIn Franz Kafka’s Metamorphosis Gregor Samsa goes through a great metamorphosis putting great strain on his family. In Ovid’s Metamorphosis Daphne too endures a transformation. While Kafka’s metamorphosis is a metaphor Ovid’s is a myth. Even though these two tales are very different and are styled differently they go through the same steps of transformation. Both Gregor Samsa and Daphne experience the transformation, adaptation, and death. Kafka begins with the transformation of Gregor Samsa intoRead More Tracing Changes in Pythagoras Speech in Ovids Metamorphoses1381 Words   |  6 PagesChanges in Pythagoras Speech in Ovids Metamorphoses    Change in Ovid, as well as in life, seems to be the only constant.  Ã‚   Change is the subject of the Metamorphoses and Ovids purpose in recounting myths is established from the very beginning: My intention is to tell of bodies changed to different forms... with a poem that runs from the worlds beginning to our own days (1.1-4).   From this foundation, Ovid launches into his stories, using metamorphosis more as a vehicle for telling hisRead MoreApollos Human Gardening in Ovids Metamorphoses Essays1108 Words   |  5 PagesApollos Human Gardening in Ovids Metamorphoses In Ovids epic poem Metamorphoses, he uses many transformations of humanoids to explain the existence of many natural entities such as animals, plants, rivers, and so forth. Ovid uses the Roman gods to be the active agents in many of the metamorphoses, although some of them are caused simply by the will of the being. In the Melville translation of Metamorphoses, the stories The Sun in Love (book IV, ln226-284) and Hyacinth (book X, ln170-239)Read MoreThe Metamorphosis By Franz Kafka1205 Words   |  5 PagesIn the novel The Metamorphosis, author Franz Kafka transforms Gregor Samsa, an average citizen working as a commercial retailer, into a vermin. This transformation and the effects of such transformation on both his family and himself directly correlate to the messages Ovid portrays in Metamorphoses. While both works convey the ideas that a human s situation in life is always temporary, lust leads to unfavorable circumstances, and that the stubborn must change, in the Metamorphosi s, Kafka portraysRead MoreReflection Of Ovids Metamorphoss1330 Words   |  6 PagesOvids Metamorphoses is regarded as a masterpiece among the great classical Latin poems. Unlike Virgils Aeneid, which preceded it by twenty-one years, it is elusive and ironic, mythic rather than historical, and, as its name suggests, continually shifting its shape. Rather than chronicling and celebrating the monumentality of Rome and the grandeur of its emperor, Ovid here examines and reflects upon the passions and inner strengths and weaknesses of individuals. The Metamorphoses is a collectionRead MoreThe Metamorphosis And The Chief Agent Of Transformations2073 Words   |  9 PagesMetamorphoses means transformations and there are many kinds of transformations throughout the poem. In fact, nearly everything in the story is in a process of changing. People are transformed as a result of love or hate and sometimes as revenge. Yet, so often these transformations seem extraneous, insignificant to the main point. This paper will attempt to argue that transformation is the main theme in the metamorphosis and the chief agent of transformations is love. As well as other themesRead MoreRape And The Mortal Rapists1437 Words   |  6 Pages1) the portrayal of a powerless and sexualised female, 2) the assertion of dominance and control from a passionately desirous male god, and 3) the act of metamorphosis that precedes the rape. The assertion that gods can get away with rape without penalty as opposed to human rapists who often suffer dire consequences is deeply entrenched in Ovid’s Metamorphoses and other rape myths in classical narrative. Apollo is not punished for chasing after maiden nymph Daphne and causing her to transform intoRead MoreThe Metamorphoses By Ovid s Metamorphoses1844 Words   |  8 Pages Ovid’s Metamorphoses tells the story of Diana and Actaeon, the goddess of the hunt and a man who unwittingly stumbles upon the sacred grotto of Gargaphia while Diana is bathing with her nymphs. The outraged goddess transforms Actaeon into a stag, and ironically, his own hunting dogs kill him. Rembrandt’s painting of Diana, Actaeon, and Callisto is an artistic interpretation of Book III – and a bit of Book II- of the Metamorphoses, providing a visual insight of the scene that casts Actaeon’s unfortunateRead More Jealousy and Desire in Ovids Metamorphoses Essay examples8 09 Words   |  4 PagesJealousy and Desire in Ovids Metamorphoses      Ã‚   Passionate lust is a blinding force. When jealousy and desire control actions, the outcome is never what it is envisioned to be. Ovids Metamorphoses provides an clear example of love turned terribly wrong. Throughout the novel, overwhelming desire controls actions and emotions, leaving behind sadness and grief wherever it strikes. With this kind of love, nobody gets what he or she wants in the end.    The first strong example ofRead MoreAnalysis Of Ovid s The Apollo Essay1556 Words   |  7 Pages Response Paper Ovid’s metamorphosis contains legends that depict the very destructive nature of love and the many different forms it possesses. The power of love can be overwhelming in the sense of obsession or consumption of the whole self, resulting in destructive consequences for the victims of that power. The stories written by Ovid will be explored in the light of how the lack of trying to control the powerful nature of love will result in a transformation of the mind, changing sanity and common

Wednesday, May 6, 2020

The Client Of A Mental Health Facility - 989 Words

The Client’s Right To Die A client that has expressed he has been suffering from severe bipolar disorder and his quality of life is so compromised by his illness that he logically and rationally chooses suicide, should be involuntary admitted to a mental health facility. As a counselor for the client it is ethically necessary to try to minimize harm where it is foreseeable and unavoidable (3.04, American Psychological Association, 2002). Subsequently, petitioning to have the client admitted to a mental health facility will serve as a means of trying to minimize harm to the client. According to Illinois law the client is a candidate for involuntary admission to a mental health facility because due to his illness he is reasonably expected to engage in dangerous conduct which places him in harm (405 ILCS 5/1 119). According to Illinois law, as a counselor of at least 18 years of age for the client and who has direct knowledge of the client’s desire to harm himself, I would present a petition for admit tance to a mental facility to the facility director (405 ILCS 5/3 601). The petition would include the descriptions of client’s symptoms of bi polar disorder such as his reports of terrifying and tormenting episodes of depressive psychosis as well as his feelings of helplessness and hopelessness. Most important, the petition would also include his announcement that he has decided to commit suicide, rather than fight his recurrent mental illness. In addition to the reasonsShow MoreRelatedDoes Deinstitutionalization Increase Suicide? Written By Jangho Yoon And Tim A. Bruckner958 Words   |  4 Pages Bruckner. The reason I chose this article is because I am very interested in mental health and treatment of mental illness. The article focuses on public psychiatric hospitals deinstitutionalizing mental health patients into the community for public mental health care. A reason for deinstitutionalizing patients can be because of the amount of money that the facility could lose. In my opinion, mental health facilities prefer to admit patients with insurance or who are private pay compared to theRead MoreMental Illness Should Not Be Treated1598 Words   |  7 PagesAbstract People with mental illness seen by their primary care physician, will probably not be treated for their mental illness, but just for a medical condition. When a person with mental illness is admitted to a hospital for treatment; they need treatment for their mental illness during their stay. Treatment for mental illness should not just stop because you’re in an acute hospital setting. Many people that suffer from mental illness not only need mental health treatment but also need to treatRead More Social Workers in Mental Health Facilities and Outpatient Clinics 1487 Words   |  6 Pagesarea of social work, the area of Social Workers in Mental Health facilities and outpatient clinics stands out as an area of depth and interest. This field is important because it allows social workers to play an integral part in assisting patients, some of who have been kept in large inpatient facilities for vast periods of time, to become functioning and active members of society, as they deal with the task of managing their particular mental illness. It is stated on the NASW occupation profileRead MoreEssay On Diverse Organizations1448 Words   |  6 Pagesaim on discussing if I was to get hired how will I advocate change.   Organization  Ã‚   The organization that was chosen for the paper is Halifax Behavioral Services in Daytona Beach, Florida. They served adolescents from ages 2 to 17 years old. This facility is the only extensive center in Voulsia and Flagler counties that provide services for children dealing with emotional and behavioral problems. They offer inpatient, outpatient therapy, day treatment, and medication management as well as case managementRead MoreSoftware for Human Services1121 Words   |  5 PagesAdult Mental Health Services is an organization that services the mental health population. This population has continued to grow, and because of the increased turnaround in clients served the company had to invest in multiple software products. Electronic Health Record or (EHR) is one of the software programs that are used by Southern Nevada Adult Mental Health Services. This software is designed to be shared with several different health care providers or settings. The Electronic Health RecordRead MoreH ealth Care At The United States And Around The World863 Words   |  4 Pagesdiscussing on how clients should be housed and cared for in different healthcare environments. The demographic for Acute care applies with any individual regardless of age or condition while long term care facilities usually only apply for patients with similar conditions and the elderly. Americans who are seeking the best quality of the healthcare rely on the establishment with assistance from nurses and doctors to provide that top care. The intent for both care facilities also differ due toRead MoreProfessional Counselors For The State Of Alabama Essay1606 Words   |  7 Pagesof the counselor, describes counseling plans, discourages any form of discrimination, sexual intimacy with client or colleague and defines client rights. The confidentiality section describes client right to privacy, groups and families, minor or incompetent clients and consultation. The professional responsibility chapter describes professional competence, advertising and soliciting clients, credentials and responsibility to other professionals. The chapter on evaluation, assessment and interpretationRead MoreIntegrated Care Policy Proposal : Current Level Essay1396 Words   |  6 Pagesare honestly less than qualified management/administrators, program managers, nurses, caseworkers, house managers, VA liaisons (licensed clinical social workers). Since this setting is on the VA campus, clients have access to VA services if they qualify; case managers/case workers refer clients to outside agencies to receive services. The barrier to this is that only some veterans have access to services and benefits because they have a disability rating. Unfortunately receiving services and benefitsRead MoreThe Importance Of Quality Management For A Health Care Institution913 Words   |  4 Pages Quality management is an important aspect of making sure a facility is meeting their requirements of care, and adhering to the standards, they accept as part of being a health care institution.   No facility is exempt from interdisciplinary meetings, which are solely performed for the greater good.   Such meetings occur often within the senior care sector of health care, known as family-type homes for adults. These meetings are an amalgam of quality and risk management, to help keep elders safe,Read MoreMental Health Case Study1499 Words   |  6 PagesThere are many mental health facilities around the state and the country, being able to attend and observed in one was very difficult because of confidentially purposes. Many agencies I visited such as Catholic Charities, St. Mary Hospital behavioral health services, covenant house had turned me down not allowing me to have that exposure and visit in their organization. The agencies policies were strict, they had mentioned they will have to do a series of background checks and had to be enroll in

Questions On The Declaration Of Independence - 1664 Words

50. Explain how the Declaration of Independence came to be written. Discuss how the question of slavery was/was not addressed by the declaration. The Declaration of Independence was created to cut all ties the colonies had with Great Britain. Great Britain was using it’s power to suppress the colonists and the American colonists had had enough. From unsanctioned tariffs to discriminatory taxes, Britain tried it’s best to contain them. Multiple acts bestowed upon the colonists were in direct violation of colonist’s rights to freely pursue life, liberty, and happiness. American colonist’s opposition to being oppressed by it’s British counterpart ultimately led to the Declaration of Independence. After the Seven Years’ War end in 1763, British government accumulated an enormous debt. Britain sought to relieve the debt by acquiring revenue from the colonist. The Sugar act was the first of several tariffs parliament passed which placed taxes on sugar imported into the colonies. British parliament expected there to be a rise in the smuggling of imported goods to avoid the tax. Parliament pr epared by broadening jurisdiction of the vice-admiralty court at Halifax, which had jurisdiction over legal matters related to maritime activities. The American colonists resented the Britain hoped the tax would be collected but the colonists were not happy. James Otis, a Massachusetts lawyer, said about the act, that â€Å"taxation without representation is tyranny†. The colonists arguedShow MoreRelatedThoughtful Questions and Answers on the Declaration of Independence for Government or U.S. History985 Words   |  4 Pagescultural exchange throughout the world and slows down development of new ideas and innovations. 4. Reread the list of grievances against King George III. Do any seem frivolous or repetitive? Explain. Were the colonies justified in declaring their independence? Explain. I do not feel that any of them seem frivolous as long as they can defend them; however several of them seem to be repetitive. Many seem to just be elaborations of each other when I really look and think about it. I do see howeverRead MoreKosovo Case Analysis1230 Words   |  5 Pageswas in response to the independent declaration of liberation by the government of Kosovo. A demand for an advisory opinion was requested from the International Court of Justice (ICJ). In order to provide this advisory opinion, it should be determined if the International Court of Justice has the jurisdiction in the case being presented. Even though the leading paragraph of Article 96 allows for an advisory opinion to be requested when it comes to â€Å"any legal question, the ICJ has sometimes in the pastRead MoreCommon Sense A nd The Declaration Of Independence1517 Words   |  7 PagesCommon Sense and the Declaration of Independence are two very important documents in American history. Written by Thomas Paine, although not an official document, promotes thoughts that the citizens understood and needed, but did not know how to express their actions and ideas. The Declaration states the necessary reasons for independence in the colonies as well as the importance that their are equal rights. The Declaration announced to the world as a unanimous decision that the thirteen coloniesRead MoreCompare And Contrast Patrick Henry And Thomas Jefferson1220 Words   |  5 PagesPeriod Compare and Contrast Essay 20 October 2017 The Demand for Independence vs Death The revolutionary period was the age of reason. It was the period in time when civilians wanted to take control of their unalienable rights; â€Å"Life, Liberty and the pursuit of Happiness† (Jefferson). Both Patrick Henry and Thomas Jefferson took part in the revolutionary period. They were both leaders that took action to receive independence from Great Britain. The two revolutionary leaders are remarkably comparableRead MoreThe Declaration Of Independence By Thomas Jefferson1113 Words   |  5 PagesThe United States Constitution, Declaration of Independence share many similarities and probably the same amount of differences. The Unites States Constitution was written on 17 September 1787 and the Declaration of Independence was written on 4 July 1776, the dates hold no significance at that time, but the Declaration was written first. This shows that out of the three the Declaration of Independence was written first, and with that being said was most important. Usually docu ments written and signedRead MorePrinciples Of John Locke And The Declaration Of Independence1021 Words   |  5 Pages Essay Question: RELATE the ideas of John Locke to the Declaration of Independence by DISCUSSING three main ideas in the Declaration of Independence and how each relates to the Natural Rights Philosophy. FCA 1: Clearly stated definition AND explanation of Natural Rights Philosophy. (35 points) FCA 2: Correct and consistent verb usage. (15 points) FCA 3: No unnecessary words and phrases; no repetition. (15 points) FCA 4: Concluding remarks that summarizes the focus of the essay and emphasizesRead MoreDeclaration of Independence Docent Script Essay722 Words   |  3 Pages_________. I will be taking you through the first portion of the tour, which exhibits The Declaration of IndependenceÂâ€"the most cherished document of United States of America . Follow me please. Now does anyone know the date when the document was adopted. (Wait for responses) That is correct; the document was officially adopted on July 4, 1776. The document was formally entitled, The unanimous Declaration of the Thirteen united States of America , and was primarily written by Thomas Jefferson. IfRead MoreA Critique Of The Declaration Of Independence1008 Words   |  5 PagesI wrote this on three hours of sleep (A Critique of The Declaration of Independence written by Thomas Jefferson) In 1776, the Continental congress elected that Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston help write what many now know today to be The Declaration of Independence. The whole point of this document being written was to declare to Great Britain and King George III that the British colonies in North America would no longer be a part of GreatRead MoreThomas Paine Common Sense Analysis1052 Words   |  5 PagesThe birth of a nation does not happen overnight nor with one word. One can clearly see how words and ideas have an impact on people’s thoughts and writing by examining â€Å"The Declaration of Independence† and Thomas Paine’s â€Å"Common Sense.† Basically, the two documents echo principles stated in John Locke’s â€Å"Second Treatise of Government,† and share a style of expressing their feelings on national issues; the authors examine and give reasons for colonial problems with the governme nt and offer a solutionRead MoreCommon Sense Vs. Declaration Of Independence957 Words   |  4 PagesCommon Sense v. Declaration of Independence Common Sense written by Thomas Paine in January of 1776, enlightened its readers and ignited the colonists towards the American Revolution. Common Sense was the first document that established a suggestion towards a constitutional form of government. The foundation of the main points in Common Sense were the upbringing of the Declaration of Independence. The Declaration of Independence was written by Thomas Jefferson in July of 1776 approximately 7 months

Juvenile delinquents Persuasive Essay Example For Students

Juvenile delinquents Persuasive Essay This newest phenomenon in the world of crime is perhaps the most dangerous challengefacing society and law enforcement ever. They are younger, more brutal, and completelyunafraid of the law. Violent teenage criminals are increasingly vicious. Young people, oftenfrom broken homes or so-called dysfunctional families, who commit murder, rape, robbery,kidnapping, and other violent acts. These emotionally damaged young people, often are theproducts of sexual or physical abuse. They live in an aimless and violent present and have nosense of the past and no hope for the future. These young criminals commit unspeakably brutalcrimes against other people, often to gratify whatever urges or desires drive them at the momentand their utter lack of remorse is shocking (Worsham 1997). Studies reveal that the major cause of violent crime is not poverty but family breakdown;specifically, the absence of a father in the household. Today, one-fourth of all the children in theUnited States are living in fatherless homes which adds up to 19 million children without fathers. Compared to children in two parent family homes, these children will be twice as likely to dropout of school, twice as likely to have children out of wedlock, and they stand more than threetimes the chance of ending up in poverty, and almost ten times more likely to commit violentcrime and ending up in jail (Easton 1995). The Heritage Foundation, a conservative think tank, reported that the rise in violent crime over the past 30 years runs directly parallel to the rise infatherless families. In every state in our country, according to the Heritage foundation, the ratefor juvenile crime is closely linked to the percentage of children raised in single-parent families. While it has long been thought that poverty is the primary cause of crime, the facts simply do notsupport this view. Teenage criminal behavior has its roots in habitual deprivation of parentallove and affection going back to early infancy, according to the Heritage Foundation. A fathersattention to his son has enormous positive effects on a boys emotional and social development. But a boy abandoned by his father is deprived of a deep sense of personal security. In awell-functioning family the very presence of the father embodies authority and this paternalauthority is critical to the prevention of psychopathology and delinquency . The overwhelmingcommon factor that can be isolated in determining whether young people will be criminal in theirbehavior is moral poverty, Parker says (Parker 1996).Psychologists can predict by the age of 6 wholl be the super-predators. According toexperts, child abuse and parents addicted to alcohol ruins these childrens lives. Each generationof crime-pron e boys has been about three times as dangerous as the one before it. Psychologistsbelieve the downhill slide into utter moral bankruptcy is about to speed up because eachgeneration of youth criminals is growing up in more extreme conditions of moral poverty thanthe one before it. Moral poverty is defined as growing up surrounded by deviant, delinquent, andcriminal adults in abusive, violence-ridden, fatherless, godless, and jobless settings. The super-predator is a breed of criminal so dangerous that even the older inmatesworking their way through life sentences complain that their youthful counterparts are out ofcontrol. Super predators are raised in homes void of loving, capable, responsible adults whoteach you right from wrong. It is the poverty of being without parents, guardians, relatives,friends, teachers, coaches, clergy and others who habituate you to feel joy at others joy, pain atothers pain, happiness when you do right, remorse when you do wrong. It is the poverty ofgrowing up in the virtual absence of people who teach these lessons by their own everydayexample, and who insist that you follow suit and behave accordingly (Zoglin 1996).The needto rebuild and resurrect the civil society (families, churches, community groups) of high-crime,drug-plagued urban neighborhoods is not an intellectual or research hypothesis that requirestesting. Its a moral and social imperative that requires doing and doing now (Duin 1996). A super predator is actually a young psychopath or psychotic, almost completely without ambition, and are often of below average intelligence. They do not recognize, intellectually orotherwise, any rules of society. While psychopaths and the super-predator both share the inabilityto feel emotion, the psychopath can feign it to achieve a result.The super predator seemscompletely incapable of even that. More interestingly, the super predator is remarkably candid. .u001c9088bae519ffdb9b5d5408a7c207 , .u001c9088bae519ffdb9b5d5408a7c207 .postImageUrl , .u001c9088bae519ffdb9b5d5408a7c207 .centered-text-area { min-height: 80px; position: relative; } .u001c9088bae519ffdb9b5d5408a7c207 , .u001c9088bae519ffdb9b5d5408a7c207:hover , .u001c9088bae519ffdb9b5d5408a7c207:visited , .u001c9088bae519ffdb9b5d5408a7c207:active { border:0!important; } .u001c9088bae519ffdb9b5d5408a7c207 .clearfix:after { content: ""; display: table; clear: both; } .u001c9088bae519ffdb9b5d5408a7c207 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u001c9088bae519ffdb9b5d5408a7c207:active , .u001c9088bae519ffdb9b5d5408a7c207:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u001c9088bae519ffdb9b5d5408a7c207 .centered-text-area { width: 100%; position: relative ; } .u001c9088bae519ffdb9b5d5408a7c207 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u001c9088bae519ffdb9b5d5408a7c207 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u001c9088bae519ffdb9b5d5408a7c207 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u001c9088bae519ffdb9b5d5408a7c207:hover .ctaButton { background-color: #34495E!important; } .u001c9088bae519ffdb9b5d5408a7c207 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u001c9088bae519ffdb9b5d5408a7c207 .u001c9088bae519ffdb9b5d5408a7c207-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u001c9088bae519ffdb9b5d5408a7c207:after { content: ""; display: block; clear: both; } READ: Tennyson, Carlyle And The Tragic Hero EssayThey will more often than not admit not only to their crimes, but also as to the why. They feel asif nothing wrong was done and would do it again if placed in the same situation. When asked what was triggering the explosion of violence among todays young streetcriminals, a group of life-term New Jersey prisoners did not voice the conventional explanationssuch as economic poverty or joblessness. Instead, these hardened men cited the absence of people family, adults, teachers, preachers, coaches who would care enough about young males tonurture and discipline them (Zoglin 1996). Even more shocking than the sheer volume of violentjuvenile crime is the brutality of the crime committed for trivial motives: a pair of sneakers, ajacket, a real or imagined insult, and a momentary cheap thrill. For example: a 59-year-old manout on a morning stroll in Lake Tahoe was fatally shot four times by teenagers looking forsomeone to scare. The police say the four teenagers, just 15 and 16 years old, were thrillshooting. Another example can be the case of a 12-year-old and two other youths were chargedwith kidnapping a 57-year-old man and taking a joy ride in his Toyota. As the man pleaded forhis life, the juveniles shot him to death (Duin 1996). 1. Duin, Julia Alarm over crime puts focus on our nations moral crisis., The Washington2. Easton, Nina J The Crime Doctor Is In; But Not Everyone Likes Professor. JohnDiIulios Message, There Is No Big Fix; Home Edition., Los Angeles Times, 3. Parker, Shafer, Violence With a Youthful Face.., Vol. 23, Alberta Report /Western Report,4. Richard Zoglin Reported By Sam Allis/Boston And Ratu Kamlani, New York, Crime:Now For the Bad News: A Teenage Time Bomb , TIME, 01-15-1996, pp 52+.5. Worsham, James-Blakely, Stephen-al, et, Crime and Drugs., Vol. 85, Nations Business,Bibliography:Deloach 4Works Cited1. Duin, Julia Alarm over crime puts focus on our nations moral crisis., The WashingtonTimes, 11-17-1996, pp 31. 2. Easton, Nina J The Crime Doctor Is In; But Not Everyone Likes Professor. JohnDiIulios Message, There Is No Big Fix; Home Edition., Los Angeles Times, 05-02-1995, pp E-1. 3. Parker, Shafer, Violence With a Yout hful Face.., Vol. 23, Alberta Report /Western Report,06-17-1996, pp 27. 4. Richard Zoglin Reported By Sam Allis/Boston And Ratu Kamlani, New York, Crime:Now For the Bad News: A Teenage Time Bomb , TIME, 01-15-1996, pp 52+.5. Worsham, James-Blakely, Stephen-al, et, Crime and Drugs., Vol. 85, Nations Business,02-01-1997, pp 24.

Tuesday, May 5, 2020

International Contractual Principles Law †MyAssignmenthelp.com

Question: Discuss about the International Contractual Principles Law. Answer: Introduction: The key issue in this case relates to the formation of a contract between Ian and Amy on the basis of the Facebook advert. And, in case a contract has been formed, does that give Ian any remedies for a breach of contract on part of Amy? A contract is such a document through which one party promises to undergo a particular thing and the other party promises to pay the requisite consideration. A contract is an agreement, which has legal validity due to presence of certain elements in it (Blum 2007, p. 2). These elements include the elements of agreement, i.e., offer and acceptance, consideration, intention, capacity, consent and clarity (Miller Cross 2015, p. 257). When all of these elements come together, in a single agreement, the agreement transforms into a contract, which gets a legal validity and makes the contracting parties contractually obligated to perform the promise stated in the contract. There are different modes of forming a contract, for instance, by verbally exchanging the contractual terms, the contract can be formed. In the similar manner, by stating down on a document, the terms on which the contract is based, a written contract is formed (Mau, 2010 p. 5). The first step for creating a contract is the establishing the presence of agreement, i.e., offer and acceptance. An offer is the initiating point of the contract, where one party offers certain terms to another (Frey 2015, p. 29). It is important that an offer is clearly differentiated from an invitation to treat as there is a key difference between these two. The first major difference is that the invitation to treat shows that the parties want to start negotiating for the contract, whereas the offer shows that the parties want to get into a contract. Also, the offer is needed for contract formation compulsorily, whereas an invitation to treat is not present in every case. In order to understand the difference between an offer and an invitation to treat, the facts of the particular case have to be taken into consideration (Poole 2016, p. 37). In the case of Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401, the case of invitation to treat was established. This was due to the fact that the goods which are kept by the seller on their shop window were deemed as an invitation to treat and not an offer. This meant that the seller was not required to sell the products kept on shelf, as the same was not an offer till it was taken to the billing counter (E-Law Resources 2017a). Similarly, in the case of Partridge v Crittenden [1968] 2 All ER 421, the court held that the adverts which are given in magazines and newspapers are not an offer and in general are to be taken as an invitation to treat (E-Law Resources 2017b). However, where such advert contains such terms, which can be accepted by acting upon them, it would be deemed as a unilateral offer and a noteworthy case in this regard is that of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 (E-Law Resources 2017c). There are certain other communications which are not given the status of either an offer or an invitation to treat. A request for information, in Harvey v Facey [1893] AC 552, in the statement made in this case was not considered as an offer (E-Law Resources 2017d). Gibson v Manchester City Council [1979] UKHL 6 saw the wordings may be prepared to sell was to be construed as just an announcement of price. Further, it was not a different offer, as this information was required just for the purpose of supplementing the original offer which was made (Swarb 2016). The second part of the agreement element in contract formation is the acceptance. It is very crucial that the acceptance is given to the offer which was made and by the person to which the offer had been made (Helewitz 2010, p. 28). The acceptance has to be given to the offer which was made and in the exact manner of it being made. In case there is any change in the communication of acceptance, regarding the contractual offer, the communication is not given the status of acceptance; and instead, is considered as a counter offer. Hyde v. Wrench (1840) 3 Beav 334 provided that in such cases, the original offer comes to an end (McKendrick 2014, p. 80). Another important point regarding acceptance is that it has to be properly communicated. Felthouse v Bindley (1862) EWHC CP J35 saw the court holding that a mere silence is not an acceptance (E-Law Resources 2017e). The date of offer and acceptance are also of importance. When the communication regarding the offer or acceptance reaches the other party that would be date of offer and acceptance. In the cases of emails, in the jurisdiction of Australia, the Electronic Transactions Act, 1999 (Cth) is applicable. Under section 14 of this act, the date for email is to be taken as such date on which the email is sent from the senders electronic device and this is the date of acceptance or offer, depending upon the communication made (Federal Register of Legislation 2011). This is similar to that of the postal rules of acceptance in which the date of actual receipt of the communication is irrelevant and the date of sending is the date of offer/ acceptance (Andrews 2015, p. 51). With the presence of elements of agreement, along with the remaining elements, a contract is created. Where the parties fail to perform the obligation covered under the contract, the contract is deemed to be breached by the party which does not keep its promise. This allows the party which had to face the loss due to non performance of the contract, the option of making a claim for breach of contract against the defendant. This would allow them to apply for monetary damages and equitable damages (McKendrick Liu 2015, p. 431). The key purpose for awarding damages lies in putting the parties in a place where a breach of contract did not take place and this reasoning was given in Addis v Gramophone [1909] AC 488, where the emphasis was not on punishing the breaching party (E-Law Resources 2017f). The case study given here highlights that an invitation of treat was made through the Facebook advert and this was posted by Amy. The reason for treating the invitation to treat lies in the fact that this post opened the possibilities for negotiations as it invited the interests of the people. The stark difference in this case and in that of Carlill v Carbolic Smoke Ball Company, lies in the fact that this was not a unilateral contract which could simply be performed. It needed further confirmation that Amy is ready to sell the dog to the person who has applied for it. Also, the adverts in general are to be taken as invitation to treat only, as was stated in Partridge v Crittenden. And as this is an invitation to treat, on the basis of Pharmaceutical Society of Great Britain v Boots, Amy would not be under an obligation to sell the dog to Ian. The email which Ian same on the very same date, in which an inquiry was made regarding the address, would neither be an offer nor be treated as an invitation to treat. On the basis of Harvey v Facey, it would be simply considered as a request of information. The reason for this lies in the fact that Ian only requested for the information regarding the address and had expressed his desire for buying the dog on sale. Being provided with the address would be considered as another pre-contractual negotiation. The offer in this case was made only when Ian emailed Amy about picking up the dog on a particular day and time. And thus began the formation of contract. On this communication, Amy remained silent, and on the basis of Felthouse v Bindley, this would not be considered as her acceptance. As an acceptance was not obtained in this case, a contract was not formed between the two. The application of the rules to the case study provides that no contract was formed between Amy and Ian; and as a result of this, a breach of contract cannot be claimed by Ian. The key issue in this case relates to the formation of a contract between Judy and Amy on the basis of the elements of contract. Further, the case also relates to the presence of vitiating factor in the contract, which is misrepresentation, on part of Amy, and the resulting remedies for the same. As has been highlighted in the preceding segment, certain elements have to be present for creating a contract. The acceptance part has already been discussed. However, one element regarding acceptance which was not discussed earlier is the acceptance garnered through the conduct of the parties. At times, the conduct of the parties shows that agreement to the offer made. In Brogden v. Metropolitan Railway Company (1877) AC 666, the acceptance was taken to be through the performance of the contract without raising any objections regarding the terms (Swarb 2017a). The next requirement for contract formation is consideration. Consideration is the amount which is to be paid for the promise being undertaken by the other party to do the obligation. It is crucial that the consideration is sufficient; though, the same being adequate is not a requirement. The amount of consideration is something which the parties decide mutually. It can be any value, as long as it has economic aspect (Stone 2005, p. 78). For instance, in Chappell Co Ltd v Nestle Co Ltd [1960] AC 87, the court held that the consideration of three wrappers was valid, due to the condition precent and due to it having an economic value in the context of this case (Swarb 2017b). It is important to note that once a contract has been formed, a higher consideration cannot be asked by the other party. In other words, the contract once formed, with particular terms, cannot be changed, till the time both the parties agree to it. In North Ocean Shipping v Hyundai [1979] 3 WLR 419, which is also known as the Atlantic Baron case, the shipbuilder had asked for more money, which was eventually paid by the plaintiff without any protest. It was held in this case that the contract was voidable owing to duress in the contract. Though, as the actions were brought very late by the claimant, the court held that the plaintiff had lost their right for getting the contract rescinded (E-Law Resources 2017g). The next step in the contract formation is intention. The parties who come together to form a contract need to have a clear intention of forming a contract. This is particularly in the sense that the parties need to be clear that by entering into the contract, the parties would be made legally liable to fulfil the contractual obligations which have been covered under the contract and in case the same is not fulfilled, they would have to bear the consequences of breach of contract (Rush Ottley 2006, p. 350). Another requirement is for the parties to have the requisite contractual capacity for entering into the contract. This means that the parties need to have the majority age, so that they can legally enter into the contract. Also, they need to be of sane mind to make decisions in an informed manner (Miller 2016, p. 251). A key requirement for the contract formation lies in the consent which the parties give to the terms of the contract. This consent has to be given free from any duress or pressure from the other party. The last requirement is of clarity. This means that the terms on which the contract is made, has to be clear to both sides of the parties. It is of utmost importance that each party is clear on the contractual terms, so that they can be clear on what their rights and obligations are under any contract. Also, this would prove to be of help in case the contract is disputed, as the terms mentioned in the contract are referred to in this case. Clarity in terms of contract would mean that a genuine point, which is properly covered under the contract, is included in the contract (Furmston Tolhurst 2010, p. 114). Once all these elements come together, a contract can be formed (Kirst-Ashman Hull 2008, p. 205) As has been covered summarily in the preceding section, the non fulfilment of the contractual obligation leads to a breach of contract and for this, the aggrieved party can apply for different remedies. They can apply for monetary damages, which results in the aggrieved party being paid the amount of consideration owing to the breach of contract. Further, the breaching party can be asked for specific performance of the contract, where they have to specifically fulfil the obligations covered under the contract. Another option is to get an injunction order, where the breaching party is stopped from doing a particular task. Lastly, the aggrieved party can get the contract rescinded (Australian Contract Law 2010). One of the major concepts under the contract law relates to the vitiating factors. Vitiating factors are such factors in a contract, which gives the aggrieved party the right to get the contract rescinded, amongst the other options. The five key vitiating factors which can be present in a contract, making it voidable at the option of the aggrieved party includes misrepresentation, duress, undue influence, mistake and illegality (Barnett Harder 2017, p. 392). Duress is a vitiating factor where by the party is forced to enter into contract, owing to a threat, which could be of physical injury, duress to goods and economic duress (Spark 2013, p. 2013). Misrepresentation Misrepresentation is such a case where one of the parties in a contract, is told a false statement of fact, which induces this party to get into the contract. Once it can be shown successfully, that indeed a case of misrepresentation was present, the aggrieved party has the option of getting the contract rescinded as the presence of misrepresentation would make the contract voidable at the option of the aggrieved party. Alternatively, they can also apply for damages (E-Law Resources 2017h). In the case of Smith v Land and House Property Corp (1884) 28 Ch D 7, the claimant was about to purchase the hotel being sold by the respondent. While the negotiations were going on, the tenant in the hotel was described by the respondent as being the most desirable one. The reality was very different from this. This was due to the fact that the seller knew that the particular tenant was not paying his rent and that he was about to be declared as a bankrupt. The statement lied here was a statement of fact and not of opinion. This was due to the reason that the respondent was in such a position to know the status of payments made by the tenant. And due to the false statement of fact being made in this case, the court held that a case of misrepresentation was indeed present (E-Law Resources 2017i). It is crucial that the false statement is a statement of fact and not that containing an opinion. Bisset v Wilkins [1927] AC 177 was a case where this was upheld by the court. In this case, a statement was made by the respondent in which he stated that the land could possibly hold around 2,000 sheep. The claimant relied on this statement and bought the land. Though, he came to know later on that the estimate given by the respondent was not true. And so, he brought an action for misrepresentation against the respondent. The court held that in this case, the statement of the respondent was one of opinion and did not contain any fact. Hence, the claim of the claimant failed (E-Law Resources 2017j). In a different case, i.e., in Car Universal Credit v Caldwell [1964] 2 WLR 600, the court upheld the presence of fraudulent misrepresentation. And due to these reasons, the court allowed Caldwell to rescind the contract (E-Law Resources 2017k). In the given case study, the first step which is required is to show that a contract was formed between Amy and Judy. Judy came to Amys home business, where she saw the dog which had the same description as the one in the Facebook advert. This would be deemed as an invitation to treat as the goods kept on shelf of the seller are not an offer to sale as per the case of Pharmaceutical Society of Great Britain v Boots. Only when Judy would go to Amy with the intention to purchase the dog, would an offer be made. It is very clearly stated in the case study that Judy went and talked to Amy. This would be deemed as an offer by Judy, whereby she offered to purchase the dog on display for a price of $1,000. As has been stated in the rules segment, the acceptance can be obtained from the conduct of the parties. In this case, Amy accepted the payment which was made by Judy, which on the basis of Brogden v. Metropolitan Railway Company would be deemed as an acceptance by performance of the cont ract. So, the elements of agreement have been clearly established here and were present between Judy and Amy. The next requirement is to show that the element of consideration was present in this case. The case study shows clearly that Judy and Amy agreed to the consideration of $1,000. On the basis of Chappell Co Ltd v Nestle Co Ltd, it is very clear that this value has economic consideration. And so, it would be valid. However, in this case, Judy asked for a higher amount after the contract had been formed. The remedies on the basis of this have been discussed later on. Another step required in the contract formation is intention of the parties. In this case, the intention is very clear as Amy wanted to sell the dog and had invited interests of the parties for the same. And the intent of Judy is also clear as she wanted to buy the dog and even paid a higher sum for the same. Hence, this element was clearly present. The capacity of the parties had to be shown also. There is nothing in the case study which could suggest that either Judy or Amy did not have the requisite capacity to enter into the contract. There is nothing to show that either of them lacked contractual age or that they were not of sound mind. Hence, it is presumed that the parties had the contractual capacity. One of the key elements of the contract which need to be established here is that the terms of the contract were clear. It was very clear in this case that Amy would provide Judy with a pure breed Cavalier King Charles male puppy, who had been properly vet checked, had been vaccinated, wormed and micro chipped. Along with this, the dog had been socialised with the standard puppy training, along with having a beautiful temperament and loved the company of all. The term regarding the consideration was also clear where Judy would pay $1,000 for this dog. It was also clear that Judy would be taking the dog after two days, as she was required to obtain the permission from her landlord. These were the terms on which the contract was formed. The last requirement relates to consent of the parties. The consent to the agreement was given freely by both the parties; though, the presence of vitiating factors, which led to this consent being put in question have been discussed later on. As all the requisite elements of contract were present in this case, a contract was formed between Amy and Judy. The moment Judy asked Amy for additional amount of $200, the contract was breached. This is because the terms of the contract made it very clear that Judy would be provided with a vaccinated dog and that the consideration price was $1,000. There was nothing in the terms which showed that the cost of vaccination would have to be paid separately. Hence, by asking Judy to pay a higher consideration than what was promised under the contract, Amy breached the contract. And in this case, Judy has the option of claiming the extra $200 paid by claiming them as monetary compensation for the breach of contract. Another option available with Judy is to apply for specific performance of the contract. This would mean that Amy would be forced to accept the price of $1,000 only and would not be paid the addition sum of $200. However, these two claims cannot be made by Judy. This is because she agreed to pay the increased sum without even protesting against the same. This would mean that the terms o f the original contract were changed and both parties agreed to it. Hence, Judy would not be successful in making a claim of breach of contract, owing to her acceptance of the increased prices. Vitiating Factors In this case, there are two main vitiating factors which become applicable owing to the conduct of Amy. The first one has been discussed in this segment, which relates to duress. The duress in this case can be established through the case of North Ocean Shipping v Hyundai. Similar to the quoted case, in the case study also, Judy was asked for more money, which Judy paid to Amy without any protest. Asking additional money was established as something which leads to duress in the quoted case. And on the basis of the quoted case, Judy can make a claim of duress against Amy. This would give her the right of getting the contract voided. However, Judy would have to take actions at the earlier, or else, as was done in the quoted case, she would lose her right for getting the contract rescinded. In this case, Amy also indulged in misrepresentation. This is proved from the fact that she lied about the dog being well trained. The dog was not trained as he did not respond to any orders, barked for the whole night, made Judys room a big mess and refused to get along with the people. Also, unlike the initial promise of being properly socialized with standard of puppy training, the dog had clear training problems. This would be deemed as a statement of fact, which was lied upon by Amy, on the basis of Smith v Land and House Property Corp. The reason for this is that Amy was a pet breeder who had bred the dog and who had claimed that he had a number of qualities. Due to her position, she had the capacity to know the truth and would have known that in reality, the dog was not trained properly. The reason for not considering this a statement of opinion, on the basis of Bisset v Wilkins can be found in the wordings of the advertisements which stated that the dog had all these qualities. As the breeder of that particular dog, Amy knew the reality was far from what had been quoted by her in the advertisement. Hence, she made a deliberate and fraudulent misrepresentation in this case. And due to these reasons, Judy can get the contract rescinded in the similar manner as was done in Car Universal Credit v Caldwell. This would allow Judy to go to Amy and ask for the contract to be rescinded. Another option which Judy has in this case is not to get the contract rescinded and instead claim damages. These damages could include the hardships she had to face due to the puppy not being well trained, along with the cost of training the puppy properly, so that the dog behaves properly and responds to the instructions given to it. Conclusion The application of the rules to the case study provides that a contract was formed between Judy and Amy as the requisite elements of contract were clearly present. 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Electronic Transactions Act, 1999 (Cth) Addis v Gramophone [1909] AC 488 Bisset v Wilkins [1927] AC 177 Brogden v. Metropolitan Railway Company (1877) 2 App Cas 666 Car Universal Credit v Caldwell [1964] 2 WLR 600 Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1 Chappell Co Ltd v Nestle Co Ltd [1960] AC 87 Felthouse v Bindley (1862) EWHC CP J 35 Gibson v Manchester City Council [1979] UKHL 6 Harvey v Facey [1893] AC 552 Hyde v. Wrench (1840) 3 Beav 334 North Ocean Shipping v Hyundai [1979] 3 WLR 419 Partridge v Crittenden [1968] 1 WLR 1204 Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Smith v Land and House Property Corp (1884) 28 Ch D 7