Sunday, September 15, 2019
Condition Precedent
Condition precedent exists when a situation or circumstance has to be achieved, or action needs to be taken in order for one of the other partyââ¬â¢s side of the contract to be considered valid. An example of this situation may be Joe offering to sell his car to Jim, as long as Jim can provide say, proof of insurance and a driverââ¬â¢s license. Assuming Jim has a driverââ¬â¢s license and has/can obtain auto insurance, the two parties can move forward. Joe will have agreed to sell the car to Jim. On the other hand, should Jim be incapable or unwilling to provide a license and insurance, Joe is not obligated to sell the car to Jim. In the case mentioned in the text, health insurance is often provided depending on a potential clientââ¬â¢s current physical condition. In other words, insurance protect themselves from covering individuals who may be what they consider to be a liability. This example is a clear cut demonstration of how the insurance company protects its own assets by ââ¬Å"conditions precedentâ⬠(Clarkson, Miller & Cross, 2011). Conditions subsequent strikes me as a bit more abstract of a concept than condition precedent, by virtue of its inherently negative nature. Put another way, one partyââ¬â¢s obligation may be terminated based on the failure of the second party to maintain itââ¬â¢s side of the contract. As it applies to employment, and as was mentioned within the text, an employer may agree to enter into a contract with an employee so long as the employee maintains his or her license to practice (i. e. perform a task to the companyââ¬â¢s benefit). In a situation where the employee fails to maintain his/her end of the agreement (loses license, fails to maintain condition, etc. the company is no longer under contract to continue employing that individual (Clarkson, Miller & Cross, 2011). The benefit lies largely with the company-protecting its own assets, as it would not be beneficial to have a lawyer on staff incapable of maintaining a license to practice law. On the other hand, the employee may be able to see a definite benefit as well. He or she knows that the position is hers as long as she meets and maintains her side of the co ntract. Lastly, concurrent conditions, strike me as being the most common conditions weââ¬â¢re likely to come across. They occur in many everyday transactions with businesses by their very nature; which is that duties or actions be met simultaneously between both parties in order for a contract to be valid. In most business transactions, at retail or otherwise, occur when the consumer offers to provide money in exchange for a good or service. The service provider may perform the task and send an invoice, or merchant may agree to sell the product with a promise to pay (such as with credit cards, checks, and credit account) later. But in most cases, the item is given to the consumer once payment is received and payment usually immediately follows a service.
Saturday, September 14, 2019
The Ideal Man Essay
Ideal Man Essay: Rewrite Alicia Luttrell AP English October 11, 2012 From ancient times to present day, authors from around the world have tried to pursue the ideal man. After reading some of their stories, it is easy to see that each story depends on the type of culture the author was raised in. Throughout this pursuit, the ideal man has taken on many different forms. The ideal man may be thought of as someone who is perfect, but some may see him as someone who overcomes faults or doubts. He could also be seen as someone tries to become the ideal man or is well-known and liked throughout the land.In Flight, the young man Pepe has to learn to become a man after his father dies. His mother tells him almost daily that he is lazy and needs to get to work. As Pepeââ¬â¢s mother starts to rely more on him, she sends him into town to pick up some medicine and supplies. This is the start of Pepe forming into a man. His mother is instilling responsibility in him to help out the family. He goes on a journey and ends up proving that his mother should have never sent him because he kills someone. He runs from his crime and tries to get away from facing the consequences.Although he wanted to be like his father, the ideal man in Pepeââ¬â¢s eyes, he was young and foolish. The doubt of his mother didnââ¬â¢t help though. John Steinbeck wrote this story to show the reader that just because there is a void to fill does not mean that the person filling that void is ready for the task. Pepe tried to be like his father and fill his shoes. Some readers might view trying as a characteristic of an ideal man. Although Pepe tried he still lacked strength and courage to face his mistakes.The strange story of The Handsomest Drowned Man In The World is an example of creating an ideal man. The townââ¬â¢s people created a life that they thought this handsome man, they found on the beach, should have lived. Instead of just burying and being done with him, they chose to give him a l ife story so that he would not be forgotten. They gave him the name of Esteban, which means great and beautiful. The women compared him to their husbands, even though they knew nothing of him. The townââ¬â¢s people went out of their way to give him a lavish funeral, one that everyone would remember.These people were using Esteban for their own self-improvement. They saw how this man was forgotten and did not want the same thing to happen to them. This thinking caused them to change their life styles and better themselves. In the short story, A Good Man Is Hard to Find, there are many characteristics that could be put together to make up one ideal man, but separately everyone has flaws. The main character of the story, the grandmother, is in search of a good man. She is always quick to say someone is a ââ¬Å"good manâ⬠before she knows anything about them.For example, when she meets Red Sam he mentions to the family that he let some ââ¬Å"fellersâ⬠charge their gas las t week; she instantly decides that he is a good man. Red Sam was caring, generous, and thoughtful, things that an ideal man should be. On the other hand, Red Sam was lazy and rude towards his wife, not a characteristic of an ideal man. When the grandmother meets the Misfit, even though she knows he is a criminal, she still calls him a ââ¬Å"good man. â⬠He is kind to her, but in the end he kills her because she knows too much.Flannery Oââ¬â¢Conner wrote this short story to let the reader know that just because someone may seem like ââ¬Å"good manâ⬠, it does not always mean that they are. Red Sam seemed kind and caring, but he was really just lazy and rude. The Misfit turned out to be a cold-hearted killer after seeming like he cared to stop and help the family on the side of the road. There are people that are in the world today who seem good, but are nowhere close to it. They can say whatever they want but their actions will speak for themselves. As all of these stor ies show, being an ideal man is near impossible.Many people possess qualities that would make up an ideal man, but never all the qualities needed. They can never possess all the qualities because every perspective of an ideal man is based on what the reader believes in. Pepe was not mature enough, Esteban was not remembered for what he actually did, and Red Sam and the Misfit appeared like good men, but were not even close. There will never be an ideal man living in society. The ideal man will only live on through the stories, movies, and imagination people create. The ideal man is all based around culture and belief.
Friday, September 13, 2019
The British Economy Essay Example | Topics and Well Written Essays - 1500 words - 1
The British Economy - Essay Example Eichengreen, B. (1995) stated that Britain's sterling devaluations in 1949 were a continuation of the effect of World War-II. After the war both Britain and Germany imposed exchange control. In 1949 Britain joined the NATO1, when it was a founding member of the UN. The most important significance of the year in world politics was rise of the CPG2 in China. Chinese Communist Leader Mao Zedong and Soviet President Joseph Stalin signed a Sino-Soviet Treaty that endow with economic and military aid from the Soviet Union to the new state of communist. Simultaneously the Chinese Nationalists established a new regime in the island of Taiwan after defeated on mainland by the military forces of Communists. Britain was concerned in this region foe colonial economic interest with Hong Kong. 3 Clement, P. (2006) mentioned that the Labour Government was in the power at the period of devaluations in 1949 and endorsed a political agenda entrenched in collectivism such as nationalisation of industries and state tracked economy. Both wars had learnt the lesson of the potential benefits of greater state attachment. The post war economy emphasise the future direction and was by the Conservatives. Nevertheless, the initiatives of nationalisation were not successes due to lack of more degree of understandings the economic management emerged. The economy practiced theories of Keynes and sustained state involvement such as state direction rather than state ownership. Reason of 1949 Devaluation Kaplan, J. J. and Schleiminger, G. (1989) added that both the world wars had serious effect on the British Empire. The Indian independence in 1947 has introduced decolonisation and the wave of independence followed in many countries of the British Empire. Colonies helped the British Empire in the wars with commitment of independence. British power was failed to resist the tide of independence that began within the Labour Government4 and sustained up to the Conservatives.5 With the exclusion of Suez Crisis, the Conservative government introduced a central feature of foreign policy expression with wind of change. Raghuram, G. R. and Zingales, L., (2003) and Schenk, C. R., (1994) agued that the breakdown of Empire, war expenditures and the material losses incurred in the both world wars had seriously injured the Britain economy. The prime effect was that British long-established markets were altering as Commonwealth states and finished mutual trade measures with regional countries other then Britain. Secondly the preliminary growths made by Britain in the world economy were relatively turn down to repairing some of countries infrastructure was gravely damaged in war. As well as they reclaimed a stake in world markets.6 Thirdly the British economy had shifted its structure to a service sector economy other then its industrial origins that caused some regions economically depressed. Finally part of political consensus supported
Thursday, September 12, 2019
Campaign Staffers and Political Consultants Essay
Campaign Staffers and Political Consultants - Essay Example The manager would be responsible for any aspect not covered by the candidate and would often be the lead strategist. In larger campaigns, for example, a Presidential campaign, there are a lot of workers in the campaign staff to help with the required tasks. They hire consultants to devise a strategy and the manager simply has to co-ordinate all of the workers and the consultants together. Below the Campaign manager are the departmental directors who look over specific areas of the campaign. Below the departmental level, the campaign staff tends to vary in structure in accordance with the nature of the campaign. Various coordinators might work under a single department sometimes. For example, within the fundraising department, there might be a staff member who focuses only on direct mail fundraising (Political Campaign Staff, par. 5). The very bottom of the campaign staff structure consists of interns and volunteers who look over the less publicized yet important tasks like data entry, responding to various queries and speaking on behalf of the campaign to a large number of voters. Political consultants do not work for a campaign full-time, but provide help in the shape of advice and creative expertise (Political Campaign Staff, par. ... President William McKinley's closest political advisor Mark Hanna is sometimes described as the first political consultant (Wikipedia; Political Consulting, par. 2). The idea of political consulting grew from 1930's onwards as Political Consulting firms emerged and the increased use of television advertising for campaigns gave a big boost to political consulting. This business has grown rapidly over the years in its importance and influential powers, and has extended itself to campaigns at all government levels. Except for working for political campaigns they also work for political organizations, public relations and research work for companies and governments. These consultants are often criticized for putting their own interests before the clients, have been involved in scandals and some have gone on to become media celebrities after acclaiming wide approval. The successful political consultant, James Carville comes to mind who took advantage of his fame to become an expert appearing on televisions shows and writing books (Political Consultant, par. 3). Its critics have a point when they claim that financial interests are put ahead of the client when firms take on too many clients to build a reputation. Firms are often accused of transferring campaigns themes and plans to different campaigns, even if the actual context of the political campaign is different from the theme that is transferred! The American Association of Political Consultants regulates this business and has published code of ethics and gives awards as well. In spite of the criticism, consulting is always an integral part of a successful modern election campaign. Without a consulting firm to advise and strategize a campaign, and a campaign staff to effectively
Wednesday, September 11, 2019
Solution of the Problems in the Daily Routine Essay
Solution of the Problems in the Daily Routine - Essay Example However, I have been able to come up with my own solution. I shall describe the solution later, but first I shall describe the solutions that others offered to me. I was told that I should be determined about getting rid of my habit of clumsiness. If I decide once and for all, that I have to be active, that is all. But, I have tried so many times to use this solution, but all in vain. I have been telling myself every time that I will be more determined the next day, but the next day never came that made me determined to be active. I have been told to take part in healthy activities so that I do not get time to be lazy at all. That was also not useful since my laziness kept me from indulging in any sports or any other healthy activity. My health has also been declining due to my laziness to go into the kitchen and eat something healthy. I have been relying on readymade junk food due to my laziness of not willing to cook something for me, or even ask mom to cook something special. All I have wanted is to lie down with a packet of popcorns and watch movies till late at night. I am really sick of myself, and also sick of the solutions that others have to offer. Hence, I decided to come up with my own solution. I have tried this one, and have come up with fruitful results. I have come up with the solution of positive reinforcement.Ã I studied somewhere that if you give someone a reward after he does a good task, this makes him willing to do that task more and more, and with more energy. This strategy evokes motivation and determination, more than anything else. So, I decided to make up a to-do list for every coming day, with a reward at the end of the list, which meant that if I was able to complete all to-dos mentioned in the list for the next day, then I would give myself a reward, like going for a leisure walk for an hour with my best friend, or I would lie down and watch the latest Twilight series with my friends, or I would sleep till late morning the next da y.Ã
Tuesday, September 10, 2019
Fantasy Vacation Research Paper Example | Topics and Well Written Essays - 750 words
Fantasy Vacation - Research Paper Example My flight was scheduled for 3rd March as time duration of reaching Venice from Dayton is more than 12 hours. I took flights on Air France which comprised of two stops; one from Dayton to Atlanta and then from Atlanta to Paris and then from Paris to Venice; the complete duration time was nineteen hours and thirty minutes. Venice is amongst superb destination places that have to offer various attractions to visitors; it is recognized worldwide for having spectacular range of Museums, architectural pieces, entertainment avenues, luxury hotels and five star restaurants (Venice Sights 3). Travelling within the city is very easy as it has various modes of transportation such as buses, trams, metros and trains. When planning to go to Venice, it is also recommended that cities nearby Venice are visited and people can easily go via cars or even on foot. When vacations are spent in the city, it looks like it is the most relaxing and awesome place for the visitors. Since hotel booking was done online, car was provided by Crowne Plaza Venice East to take visitor to hotel. Its interior has been designed in a most artistic way and all facilities were accessible at the hotel from food to tour guide. For first time visitors, hotel offers attractive packages of tour guides; it covers entire range of places that should be visited in Venice. Venice is divided into six districts and each of them have numerous attractions for visitors and the districts are broken down along its main street known as the Grand Canal which is the heart of its historical center; on its northern side are Castello, San Marco Sestieri and Cannaregio and on southern side of Canal are San Polo, Dordoduro Sestieri and Croce. On the western side of Venice is its main railway station, known as Santa Lucia which is the single road that connects Venice to closed mainland (Kerr 6; Ormand 5). On its eastern side is San Marco Square along with popular
Monday, September 9, 2019
International Law Assignment Example | Topics and Well Written Essays - 750 words
International Law - Assignment Example In this regard, obligations erga omnes should be accepted as international law due to the fact that they are based on natural law which must be observed and respected by all states, regardless of jurisdiction5. In this regard, Francisco (33) this kind of law takes precedence over treaty law where international law is concerned due to its nature and the need to protect the basic human rights. It also helps states to be accountable with regard to their actions and this in turn promotes peace6. .7 This is an indication of just how important it is for states to look at these universal obligations as international law8. Treating these obligations as international laws is important for states as it not only also protects them from abuse by other states, but sets clear precedent as to how they should treat other countries and their citizens in cases where there are no clear lines of actions9. A good example of where this is applicable is the issue of torture which is now interminably regard ed as illegal in the face of international law10. As Christian (95) says, it is necessary for all states to understand their legal obligations towards each other in order to have a harmonious existence as the international community. ... This is also echoed by Christian13 who also argues that all states must be able to follow the protocols of international law even in cases where there are no clear guidelines. According to him, where there are no clear guidelines, states must look at the fundamental human rights and use them as the beacon14. International treaties and statues such as the Rome statues are based on this kind of legal precedence that is grounded on the application of universal natural human rights15. Basic human rights are fundamentally international law as every human being is entitled to these rights regardless of where they are16. The Rome statues for instance looks at the rights of soldiers who are captured at war and the captor country is, under the Rome Statue, not allowed to torture the captives as this is an aggravation of basic human rights17. As Francisco (205) says, international humanitarian law is based on the fact that a violation of this law towards even one individual is a violation of t he same towards all mankind. This is predicated by the same declaration with regard to slavery and marine piracy which, when committed is seen under international as a violation not only to the circumstantial victims but also to the rest of mankind18. The violation of the basic human rights such as the deprivation of dignity, the denial of due process etc, to one individual is seen as an undermining of human life all over the world19. Bibliography Andre, Hoogh. Obligations Erga Omnes and International Crimes: A Theoretical Inquiry Into the Implementation and Enforcement of the International Responsibility of States. Leiden: Martinus Nijhoff Publishers,
Subscribe to:
Posts (Atom)