Federalists had better argumernt about the costitution and they should Essay

Federalists had better argumernt about the costitution and they should work toward common good - Essay Example Will democracy function better in a larger heterogeneous community or a smaller homogenous? From the arguments presented, I believe democracy will function in a larger heterogeneous community than a small homogenous one. Madison (56) makes an argument favoring large republics unlike small republics for choosing â€Å"fit characters† in public voice representation (62). The probability of electing competent representatives is broader in a larger republic where the candidates and the voters numbers are greater. This is because of the wide option available to the voters. It is easier to fool the voters in a small republic by the candidates and harder in a larger one (Madison 62). Additionally, in a small republic, existence of variety of parties is low compared to large republics where parties are many. Therefore, in small republics, it would be easier to work and agree to accomplish their ideas. However, in a large republic, different interests will be greater hence harder to de termine the majority (Miroff 20). For a long time many people have had arguments against the new Constitution with many claims that governance in United States as a democracy or a republic would be too large and had many factions as they used to refer to political parties by then. As much as Madison (56) acknowledged existence of numerous differing factions or groups, he further indicates that a democratic form of government whereby ideal rule of the majority is used would control the factions and make them cooperate and work together possibly. Furthermore, republican government created in the proposed federalists new Constitution provided the factions avenues to express their ideas and influence government’s workings by ensuring their members are appointed or elected to offices (Madison 56). Moreover, Madison (60) further states that minority groups with no doubt will be protected as the factions will have to negotiate their differences. In this manner, the republic will cre ate a government system in which the majority will rule. However, the ideas and the suggestions of the minority will have to be considered by the government. Miroff (19) further points out that the many existing factions would imply that no single faction will be able to take full government control. Consequently, this will give rise to politics at the time as all parties will fight to dominate. Should elected representatives vote based on their superior expertise and greater sense of the common good or should they base their vote on the views of their constituents Voting enables citizens to voice their interest and to practice his/her Constitutional rights. However, due to existence of factions, violence exists. Factions according to Madison (60) mean a collection of people united by the same passions, interest and beliefs. To pursue and to realize these common goals, they don’t regard the other citizens’ rights especially the minorities. Madison (59) further affirms that the groups when assembled to form majority, always have a problem with governments that are supported by the people. From the federalists’ point of view, it comes out clearly that they proposed elected representatives unlike the voting of common citizens. According to Miroff (28), the most common and long lasting source of the groups or factions is unequal property distribution. Distinct interests are formed in the society among

Inflation is here to stay, as prices will always go up Term Paper

Inflation is here to stay, as prices will always go up - Term Paper Example d fixed value in it, therefore, even if money was saved without using the banking system, it could purchase almost the same amount of goods fifteen to twenty years later compared to the time when it was first saved. Inflation started being experienced when the US decided to start using gold standards. Presently, when the government experiences shortfall in terms of cash, it purchases some from the Federal Reserve (Gosling & Eisner, 2013). The additional money that is put into circulation results in an imbalance between money and goods and consequently prices increase and inflation is experienced. There have been instances when inflation has been considered as invisible tax, as it is seen as the means used by the government to get free money from the public. The amount of commodities available might also drive the prices upwards, for instance, oil prices continue rising as a result of war in the major oil producing areas. The increase in prices is not entirely attributed to the war, b ut to the damage on the infrastructure including damaged pipelines and incapacitated refineries because of the war, which have led to a reduction in production, by almost fifty percent. The effects of inflation have thrown nations in to prolonged periods of instability and central banks always seek to be watchers of inflation. Numerous politicians have won elections through promising the electorate that they will fight inflation but they lose their positions when they are not able to achieve this (Perry, Serven & Suescun, 2008). At some point, President Gerald Ford made a declaration that inflation was public enemy number one in 1974. It is therefore important to understand that inflation denotes the rate of upsurge in prices through a specific time and is usually a wide measure like a universal intensification in prices or an upsurge in costs of living in a nation. However, it can also be narrowly calculated, for instances of particular commodities like food and tuition fees in

Malaysian Pest Analysis: Government Report

Malaysian Pest Analysis: Government Report The objectives in this section will reveal on what does the purposes of this research project served. Firstly, this project will briefly discuss about PESTE (Political, Economic, Sociocultural, Technology, and Ecological) analysis on Malaysia. The discussion will go on into the literature part whereby it will firstly discuss various type of definitions of tourism. Then it will discuss about the tourism planning five approaches which will be Boosterism, Economic, Physical/Spatial, Community and Sustainable that has been utilized by Malaysia government. 1.2.1 Politic Malaya, which is now known as the peninsular Malaysia, became independent on August 31, 1957. In year 1963, Malaya merged with Singapore, Sabah and Sarawak to formed Malaysia. But after two years, Singapore has become an independent country on 9 August 1965. Now, Malaysia consists of 13 states whereby 11 of its are on Malay Peninsula and the other two, Sabah and Sarawak are on the island of Borneo. It has three federal territories which is Kuala Lumpur, Labuan island, and Putrajaya federal administrative territory. Each state has an assembly and government which are headed by a chief minister. Among 13 of these states, 9 of the states have hereditary rulers which are usually titled as sultans while the rest of the four states have appointed governors in counterpart positions. Although Malaysia is known for its strict rules but tourist who are visiting Malaysia not more than one month does not require visa from the Malaysian Immigration Department. It is also important that foreigners follow the conditions and laws of Malaysia. 1.2.2 Economy After 1957 where Malaysia became independent, the economy of the country was mainly based on rubber and tin. Since then, economy was growing and become a more industrialized market. In the 1997-1998 East Asian crises, Malaysia was one of the countries that involved in the Asian crisis but did not involve the International Monetary Fund (Sundaram, 2006). But it recovered from the recession very fast and since then, the economic was very stable with a GDP rate of RM679,687 million in year 2009 (Department of Statistics Malaysia, 2010). The government has spend an amount of RM 40.1 billion in subsidizing petrol, natural gas, food and road tolls in year 2007. Malaysia also does have a lower percentage in unemployment rate which is 3.3% recorded in July 2010 and 3.1% in August 2010 (Department of Statistics Malaysia, 2010). 1.2.3 Socio-cultural According to the Official Website of Department of Statistics Malaysia which was updated on 02 July 2010, it is stated that Malaysia currently has 28.25 millions people. It is well known that Malaysia is a multicultural country which consists of a mixture different ethnic which are Chinese, Indian, Malay, and also indigenous and others. Malays makes up almost half of the Malaysia and then follows by Chinese and Indian. Most of the Malays are Islam while others may belong to Buddhism, Christianity, Hinduism or other/none. Malaysia was recorded an annual rate of growth of 2.0%. The official language used in Malaysia was Bahasa Melayu, then followed by other language such as Chinese which comes with various dialects, English, Tamil and others. This makes Malaysia a perfect country for tourist to visit because there will be no language barriers for them as long as they can speak either one of them. 1.2.4 Technology Malaysia has a very good national and international telephone lines. It is because Peninsular Malaysia are using microwave radio relay and it provide a good connectivity between cities. It also have two international earth stations and also two Intelsat which are located at Indian Ocean and Pacific Ocean. Thus, tourists who are travelling to Malaysia will have no connectivity problem. By now, Malaysia has a total of nine Internet Service Provider (ISP). Some of them are P1 WIMAX, Maxis Broadband, Streamyx, Jaring, Celcom Broadband and so on. On the other hand, Malaysia also have a good range of radio and television stations. It has 19 radio stations that are owned by private sector while 34 stations are owned by government. Furthermore, Malaysia has 58 airports. 36 of them are on East Malaysia while the rest, 22 are on Peninsular Malaysia. Hence, these technologies that available in this country will definitely make life easier for tourists. 1.2.5 Ecological Malaysia is full of biodiverse range of flora and fauna which can be found around the country. It is because the tropical rainforests comprises to almost 70% of Malaysia total land area. Malaysia has been recorded that it has the worlds fifth largest of mangrove forest whereby the world largest mangrove forest area is in Sundarban, Bangladesh. Ever since Malaysia has been filled with a lot of natural resources and environment, the government has also take part in preserving the environment to prevent further damage being caused to it. The government has put a lot of effort in preserving this environment by firstly introducing the Air Pollutant Index (API). The API is an indicator of air quality and was developed based on scientific assessment to indicate in an easily understood manner (Department of Environment, 2007). Besides, the Department of Environment (DOE) also conducted the National Ambient Noise Monitoring Programme to determine the Malaysian ambience status in year 2006 (Department of Environment, 2007). For the river water quality control, the DOE has started to monitoring the river since 1978 (Department of Environment, 2007). 2. Literature Review 2.1.1 Definitions of tourism There is no single definition of tourism to which everyone adheres. Many definitions have been used over the years, some of which are universal and can be applied to any situation, while others fulfill a specific purpose (Weaver and Lawton, 2010). But a more recent definition from WTO (1991 cited in Mason, 2003, p. 5) defined tourism as the activities of a person traveling outside his or her usual environment for less than a specified period of time whose main purpose of travel is other than for exercise of an activity remunerated from the place visited. However, none of these two definitions makes any connection to the impacts of tourism whereby impacts are the key to any discussion of the planning and management of tourism (Mason 2003, p. 5). But Jafari (1981, p. 3 cited in Mason, 2003, p.5) stated that tourism is a study of man (sic) away from his usual habitat, of the industry which responds to his needs and the impacts that both he and the industry have for the socio-cultural, economic and physical environments. 2.2 Tourism Planning Approaches 2.2.1 Boosterism Boosterism has long existed ever since tourism started. Boosterism can also be defined as the act of boosting a travel destination or a city which are done usually by the people in the area affected. Hall (2000) comment that boosterism has long been the dominant tradition towards tourism since mass tourism began. Hence, sorts of effective method are being exploited in order to boost a place. A place which is full of resources such as cultural and natural can be taken as an example. Malaysia is a good set of example for cultural and nature tourism with its existing rich resources. Although boosterism has been active for a long period but it was only discovered by people when big event such as Commonwealth games and Formula 1à ¢Ã¢â‚¬Å¾Ã‚ ¢ racing event are being held in different countries (Hall, 2000). The changes in tourist arrival and room supply by hotel can be noticed easily when these huge event are being held. It can be seen that Malaysia has been trying hard to promote the country by using different type of promotion to attract different type of tourist. For example, there is one event called Malaysia Year End Sale (YES) that is ongoing from 20 November 2010 to 2 January 2011 (Tourism Malaysia, 2010). The event purpose is to attract shopping tourist to Malaysia because at that time, all shop around Malaysia will be having alot of discount which can never be seen during other period. Another side of boosterism by Malaysia is advertising. The Minister of Tourism Malaysia has launched an advertising campaign called ZOOM! Malaysia for SMRT trains, busses, and taxis in Singapore (Tourism Malaysia, 2008). This advertising campaign specifically targets the public transport because it was popular among the locals and foreign tourists (Tourism Malaysia, 2008). From another side we can also see that Malaysia has successfully in promoting Malaysia in September 2006 whereby Tourism Malaysia has signed a  £2 million deal with Manchester United to promote Visit Malaysia Year 2007. This has also directly make Tourism Malaysia as one of the official sponsors of Manchester United Football Club (MANUTD, 2010). 2.2.2 Economic When tourism emerged as a part of economic sector in the decades following World War II, most researchers and government administrators assumed its growth to be a positive and desirable process (Lawton, 2010). Ever since then, many countries have used this as an opportunity to promote their country to other world as a tourist attraction. Countries with natural resources such as cultural and heritage area, historical place that are left behind after the impact of war will be a great benefit to the particular country in promoting tourism. Actually what can tourism contributes to a countrys economic status? The contribution can usually be measured at either a national level or at the local or regional scale. The impacts of tourism to economy are as follow: foreign exchange earnings; government revenues; generation of employment; regional development. One of the main characteristics of the economic approach is the use of marketing and promotion to attract the type of visitor who will provide the greatest economic benefit to the destination given the destinations specific tourist resources (Hall, 2000). For example, the Malaysia Year End Sale promotion that will be launching soon. Although the promotion will be all around Malaysia but it will be more focus on Kuala Lumpur, the capital city of Malaysia because tourist will normally more focus in capital city. With the plenty of resources available in capital city such as high-end shopping malls, the promotion can be executed flawlessly with its aim achieved. 2.2.3 Physical/Spatial In the last decade of the twentieth century, it was noted that tourism depends ultimately upon the environment, as it is a major tourism attraction itself, or is the context in which tourism activity takes place (Holden, 2000). However, Lawton and Weaver (2010) argued that problems can occur if a destination becomes too dependent on tourism, or if the sector is controlled (or is perceived to be controlled) by outside interests. It is indeed a fact that tourism can cause both invisible and visible impacts to the environment. Therefore in order to minimise the impact that tourism can caused to the environment, Hall (2000) suggests that visitor managers should seek to manipulate travel patterns by concentrating or dispersing tourists in sensitive areas. For example, many national park limits a certain number of visitors per day to ensure minimal impact that can be caused to the area. Malaysia is indeed a most fortunate country that are blessed with a wide range of natural and cultural assets. Since it is blessed with so many assets, people who lived in the country each has their own responsibilities to take care of the environment. Therefore, the Malaysia government has come up with a campaign called 1MALAYSIA GREEN TOURISM, 1MALAYSIA CLEAN. The reason for launching this event was to built up the passion of people in keeping clean the environment, especially tourist attraction destinations. This campaign was also based on the tagline Think Tourism. Act Tourism by Minister of Tourism, YB Dato Sri Dr, Ng Yen Yen (1Malaysia Green Clean). 2.2.4 Community 2.2.5 Sustainable 2.3 The Butlers theory Time Number of tourists Exploration Involvement Development Consolidation Stagnation (Rejuvenation) (Continued stagnation) (Decline) Critical carrying capacity threshold Source: Adapted from Butler 1980. 2.3.1 Exploration An explanation from oxford dictionary described exploration as the action of searching an area for natural resources. This can also be explained as a tourist tried to explore a destination (tourist destination) for leisure or relaxation. According to Butler, the exploration stage is characterised by very small numbers of visitors who are dispersed throughout the destnation and remain for an extended period of time ( Lawton and Weaver, 2010). In brief, exploration can also be described as the pre-tourism or the starting of a tourist attraction destination where not many people are there yet and most of the people does not know about it. Visitors that went to the place will experienced the most rural kind of services whereby improvement have not been done yet. Most of the exploration usually started from urban area. Malaysia first exploration started in the 13th century when Malacca was founded by a Sumatran prince. The place later became the most influential port city in the Southeast Asia during that time. That is the place where traders from all part of the world gathered and that was the time Malaysia was exposed to other countries visitors. But after Malaysia being exposed, a lot of countries tried to conquer Malaysia due to its rich resources. After 138 years, Malaysia finally gained its independence in 1957and since then Malaysia has undergone a tremendous growth and prosperity since 1957. 2.3.2 Involvement The involvement in here means that the involvement parties which may include visitors, government, or entrepreneurs. Local entrepreneurs will begin to provide a limited amount of specialised services and facilities in response to the appearance of tourists, thereby inaugurating an incipient tourism industry (Lawton and Weaver, 2010). Specialised services such as small eating places, inn, and maybe small transportation services might also be available. With these services, visitors might also be increasing but in a slow phase because things are still undeveloped. The role of advertising will also started in this phase as it will induces a definable pattern of seasonal variation. The place will started to get mentioned in articles and brochures but the affected part are still considered a small area. Word-of-mouth start to spread in a slow manner. 2.3.3 Development 2.3.4 Consolidation 2.3.5 Stagnation 2.3.6 Rejuvenation or Decline Rejuvenation Decline 3. Methodology The method that was used in completing this assignment includes web browsing. Several web search engine are being used frequently are Google, Yahoo and Wikipedia. These web search engine are only being used as a bridge to the information that we needed. Besides, government website are also being used frequently to acquire important facts and figures about the country. Website such as Malaysia Tourism Board, Department of Statistics Malaysia, and Malaysia Government Portal are where some of the facts and figures being collected. Other than websites, the information was also collected from books that are available daily in our institute. Several books have been lent in order to complete this assignment. Books such as Tourism Management, Tourism Planning: Policies, Processes and Relationships, and Tourism Impacts: Planning and Management are noticeable throughout the assignment as citations are mostly quoted from these books. E-journal has also contributed quite some figure in this assignment whereby most of them are acquire through the institute research databases which are the MDIS EBSCOhost research databases. 4. Analysis and Discussions

Master Engravers of Fifteenth Century Germany Essay -- Master of the P

When thinking of early artistic prints, perhaps one of the few things that come to mind would be playing cards. In modernity, playing cards are not really considered â€Å"artistic† items. However, during the earliest days of print, playing cards were the original media made by the printing process. Even before the printing press, Europe had a love of cards and, whether they were actually intended to be used for play or for show, the people wanted to get their hands on them. Because of the wide spread popularity of cards, it is no surprise that this early print media featured elements that are visually present in other printed media, even to this day. Through the influence of printmakers’ works on each other, these men honed their craft and helped develop printing as a proper art form. The Master of the Playing Cards and the Master E.S. of 1466 were both major engravers in Germany during the fifteenth century. Distinct subject matter, technique, and prevalence in their field has marked them as â€Å"Masters† of their art – a label which has outlived any other identifying information about them. This paper discusses the introduction of printing into Europe and the development of the technique under the influence of these two Masters. The Master of the Playing Cards introduced new subject matter and techniques in his cards, which through his pupil, the Master E.S. of 1466, who replicated and altered these learned skills, went on to spread into other areas of printed medium and marked a path of influence for all who would come after them. Markedly one of the most important developments in the history of visual media was that of the printing press. Brought about by German goldsmith, Johannes Gutenberg, in the mid-fifteenth ... .... "Manuscript Sources for the Playing-Card Master's Number Cards." The Art Bulletin 64, no. 4 (1982): 587-600. http://www.jstor.org/stable/3050270 (accessed April 13, 2014). Wright, Harold J.L.. "Some Masters of Engraving: Lecture II: German and Netherlands Engravers (Fifteenth and Sixteenth Century)." Journal of the Royal Society of the Arts 85, no. 4529 (1939): 1079-1095. http://www.jstor.org/stable/41359422 . (accessed May 9, 2014). Wynne, Marjorie G., and A. Hyatt Mayor. "The Art of the Playing Card." The Yale University Library Gazette 47, no. 3 (1973): 137-184. http://www.jstor.org/stable/40859489 (accessed April 14, 2014). van Buren, Anne H. , and Sheila Edmunds. "Playing Cards and Manuscripts: Some Widely Disseminated Fifteenth-Century Model Sheets." The Art Bulletin 56, no. 1 (1974): 12-30. http://www.jstor.org/stable/3049193 (accessed April 13, 2014).

Business Law Cases Summary

Offer ( Topic 3) Is a proposal the acceptance of which establishes the existence of an agreement. It shows a promissory intent. In other words, it is a promise to do or refrain from doing something. – Usually upon condition that the other party agrees to do or refrain from doing something else in return. – Harvey v. Facey Harvey sent to Facey a telegram to buy Bumper Hall Pen. He asks Facey to telegram the lowest price. Facey telegram the lowest cash price ? 900. Harvey says agree to buy for ? 900.Principle: Offer is more than a mere supply of information – Offer must show promissory intent – Australian Wooden Mills v Commonwealth in where the government †offer† did not ask anything in the return – Offer is not Invitation to treat and must be distinguished from ITT Invitation to Treat Is an action by one party which may appear to be a contractual offer but which is actually inviting others to make an offer of their own. Invitation to tre at lacks of promissory intent 1. Boots Case (Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern) Ltd) Self servicePS sued Boots cash for breach of pharmacy and poison act by selling certain poison not under supervision of registered pharmacist as boots cash is a pharmacy in a self service basis. However, there is one registered pharmacist in the cashier check out point. Principle: In the self service system, the offer is made by customer at the checkout point of sales while the acceptance is made by the cashier at the checkout point of sales as well. 2. Fisher v. Bell Shop Window Bell selling the flick knife which is showed in the window displayed. Bell was sued for offering the knife which is prohibited at that time by tatute. Principle: The display of an article with a price on it in a hop window is merely an invitation to treat. ITT can be an offer if: – Show promissory intent – Limited to who can accept – Limited to what can be accepted Offers to the World At Large Offers that are not directed to any specific person, but to anyone who becomes aware of them. 1. Carlill v. Carbolic Smoke Ball Carbolic smoke ball advertise promised reward to anyone who contracting influenza after using their product. To show the seriousness, they placed money ? 1000 in account. Mrs C used it and contracted influenza.Principle: An offer can be made to the world at large. The contract is made to limited portion of public, who perform the condition on the advertisement. And it show promissory intent. Offer must be communicated Offer becomes effectives if it is communicated and there is meeting in mind when they accept it. However, offeree must be aware of its existence and terms. 1. R. v. Clarke Reward for information about murder of 2 policemen. Clarke was arrested and to save himself, he gave the information. Principle: Offer must be accepted with the knowledge of the offer. Respon to Offer Accept – Clarify – Counter Off er – Reject – Do Nothing Counter Offer Rejection of the original offers which make the original offer to an end, and form a new offer. If the Counter Offer being rejected, the original offer will not revive, unless the offeror renew it. 1. Hyde v. Wrench Wrench made an offer to sell his farm to Hyde for ? 1000. Hyde says that he will pay ? 950. Wrench says no, and Hyde say want to pay ? 1000. Principle: Counter offer resulting the original offer to end. It is rejection of the first offer. Counter offer must be distinguished from mere inquiry . Stevenson Jacques v. McLean McLean made an offer to SJ to sell certain iron. In reply, SJ write â€Å"will accept 40 over 2 months†. As it is no reply, SJ write again to accept the 1st offer. Principle: Seeking clarification is not counter offer, but mere inquiry. Only the offeree who are directed to accept the offer by the offeror 1. Boulton v. Jones Jones places offer with old chum Brocklehurst. Boulton had taken over th e business and he filled the offer. Jones refused to pay. Principle: Only the person to whom the offer is directed can accept. Revocation by OfferorRevocation is not valid, unless it is communicated to the offeree. Revocation is valid before acceptance. Purported revocation after acceptance has been communicated is a breach. 1. Dickenson v. Dodds Dodds made an offer open until 9 am on the 12 June. On 11, Dodds sell the house to B, and B has told Dickinson. On 12 at 9 am, Dickinson comes bring the acceptance. Principle: The offer can be revoked indirect or via conduct. Acceptance (Topic 4) Is an absolute and unqualified assent to the terms of the offer, made in the manner specified or indicated by the offeror. 1. Master v. Cameron Masters want to buy Cameron farms.They make a document, signed by both party, indicating the future formal contract to buy the farms. Masters having financial difficulties to buy the farms and sued by Cameron. Principle: Agreement to agree later can’ t be force able. (Condition 3) Conditional Acceptance is not acceptance. Condition can be precedent or subsequent 1. Parties reach agreement but want terms to be written down 2. Parties reach agreement but performance subject to formal agreement 3. Parties didn’t intend to reach agreement subject to formal contract Subject to acceptance is not acceptance at all Manner of acceptance – Stipulation of the offeror Ought to be the same mode as the offer o If stipulated as the only mode, then must comply, otherwise should be equally or more advantageous. 1. Eliason v. Henshaw Eliason made an offer to buy flour from Henshaw and stated to reply by wagon. Henshaw is reply by post. Principle: if the method had been stipulated, it must comply otherwise, more advantageous. Postal Rule states that where acceptance by mail is contemplated, acceptance occurs immediately when the letter is posted RULES: Acceptance is complete when a properly addressed and stamped letter of acceptance is dropped in the mail box 1. Adam v. Lindsell nd Sept, Lindsell posts offer to sell wool, and requires acceptance â€Å"in the course of post†. On 5th Sept, the offer received by A, and posted it. On 8th Sept, L sold wool to X. On 9th Sept, A’s acceptance arrives. Principle: An acceptance is complete as soon as it is properly posted. Negating Postal Rule By using the term as â€Å"acceptance must be received by† or application close 1. Nunin Holdings v. Tullamarine Estates Nunin offered to buy a land from Tullamarine, via post. On May ’88 Nunin sends offer to purchase land. On June 16 Tullamarine sends a contract. On 5 September Nunin signs and mails back.On 12 September Tullamarine signs and sends back. On 13 September Tullamarine attempts to revoke before Nunin receives mail. Nunin had indicated at the start that the postal rule did not apply as it was stated in the mails on 5 September that the circumstance was receipt of the identical executed part, not its posting. Principle: The Postal Rule can be negated if this is made clear at the start of negotiations. Instantaneous Communication Postal rule didn’t apply in here. Acceptance By: Telex, Fax, E-mail, Web Form is not effective by simply sending it. The offeror must receive the acceptance then the contract can be formed. . Entores v. Miles Far East Co London co makes telex offer to Amsterdam co. Amsterdam Company accepts via telex. A contractual dispute arises. Principle: With instantaneous communication, the contract is complete as soon as the acceptance is received and at the place where it is received. Silence cannot be stipulated as the required manner of acceptance. 1. Felthouse v. Bindley F offers to buy a horse for ? 30/15/. â€Å"If I hear no more – I’ll consider the horse mine†. Principle: An offer cannot stipulate silence as a manner of acceptance, and acceptance requires positive mental assent.Acceptance can be communicated by conduct or words. 1. Brogden v. Metro Rail Written offer drawn up and sent. It never specifically accepted, but subsequent dealings were according to its terms. Principle: Acceptance can take the form of conduct. Intention (Topic 5A) The Presumption is with purely domestic, social, or voluntary arrangements it is presumed that the parties do not intend to create a legally enforceable agreement. Domestic 1. Balfour v. Balfour Husband agrees to pay monthly allowance ? 30 to wife while they are apart. Husband fails to pay & wife sues.Principle: A domestic arrangement is not intended to have legal effect. However the presumption can be easily rebuttable. 1. Wakeling v. Ripley Family give up job and move to live with wife’s brother. Brother promised to leave them his property. Dispute arises & Brother reneges on the promise. Sister & husband sue Brother for breach of contract. Principle: A definite agreement in serious circumstances will rebut the presumption. 2. McGregor v. McGregor Husband and wife issue assault charges against each other. They agree to settle the maintenance payment, living apart, etc. They are still legally married.Husband fails to pay maintenance. Principle: An agreement between husband & wife can be binding if they intend it to be a legally enforceable contract. Business & Commercial Such agreements are presumed to have the intention to be legally binds, however the presumption can’t be easily rebuttable. 1. Carlill v. Carbolic Smoke Ball Contents (Topic 6) [pic] The Parol Evidence Rule Where a contract is reduced to writing and appears to be entire, it is assumed that all the terms of the contract will be contained in it and No extrinsic evidence can add to or vary the written contract 1.Henderson v. Arthur Written lease of theatre with rent of ? 2,500 p. a â€Å"CASH†. T paid by cheque because the L had verbally stated â€Å"Don’t worry, a cheque is okay†. L sued for late rent payment. T said he paid by cheque but L now refused it. Principle: No extrinsic evidence can add to or vary the written contract. EXCEPTIONS: Partly written, partly oral contracts 1. Van Den Esschert v. Chappell Before Signing Contract To Purchase A House C Asks â€Å"Is The House Free Of White Ants (Termites)? † Van de Replied â€Å"Yes Of Course. If There Had Been Any I Would Have Taken Steps To Eradicate Them. Written Contract Makes No Mention Of â€Å"White Ants†. The House Turned Out To Have Termites Principle: Partly written and partly oral contracts don’t apply on Parol Evidence Rule. Sometimes A Verbal Term Can Be Included In The Contract, If It Doesn’t Contradict The Written Part. Nothing mentioned in the contract about the white ants Oral statement Representation or Term Representation Oral statement that is not intended to be bind Terms Oral or written statement that are intend to be bind Factor to decide it is term or representation – Time lapse before contracting – V erbal or Written Special knowledge or skill – Importance of the statement 1. Oscar Chess v. Williams W purchased a car from O, a registered dealer. He traded in his â€Å"1948† Morris (? 290). It turned out to be A 1939 Morris (? 175). The dealer sued for the difference in trade in values (? 115). Principle: The buyer does not have special skill or knowledge in car. Therefore, it is a representation as the dealer is supposes to know it better. 2. Dick Bentley v. Harold Smith Dealer wrongly stated that a vehicle â€Å"has done 20,000 miles† since the engine & gearbox was replaced. But it was more like 100,000 miles.Principle: The buyer relied on the special knowledge of the dealer. The dealer was in a position to know the true mileage. [pic] Condition Major Breach Going â€Å"To the Root of the Matter†. Non-breaching Party May: – Terminate The Contract. – Elect To Continue. – Sue for Damages. 1. Poussard v. Spiers P, an opera singer en gaged to perform from 28th Nov. P, falls ill & cannot attend until 4th Dec. Opening night is 28th. On 25th S&P hire another singer. Principle: Attending the night party is the root of the contract. Where a breach goes to the root of the matter, there is a breach of condition term.Warranties Minor Breach not going to the root of the matter. Non-breaching Party May: – Sue for Contractual Damages. – Not elect to terminate the contract. 1. Bettini v. Gye B, an opera singer contracts for 3 month season & to arrive for rehearsals 6 days before opening night. Due to illness B showed up only 2 days before. G terminates & sues for damages. Principle: A clause, not vital to the completion of an agreement is a warranty; (B was available for all performances). Innominate Term A term which is capable of either a major or minor breach. Major Breach => Can terminate the contract.Minor Breach => Payment of compensation. 1. L Schuler AG v Wickman Machine Tool Sales Ltd W contracts with S to sell S’s Machinery and to visit customers once a week. Contract describes the weekly customer visits as a â€Å"condition†. Machinery is sold but weekly visits do not happen. S terminates the contract & sues for damages. Principle: The weekly visit term was capable of major and (as in this case) minor breach, so it was innominate. The status of contractual terms is a matter of fact, not mere description. Effect of Signature Someone who signs a document is DEEMED to have read understood and agreed to its contents. . L’estrange v. Graucob L purchased vending machine signed but did not read contract. Machine defective but contract basically said â€Å"not responsible for defects†. Principle: If you sign something, then you have read, understood and agreed to it. There was no fraud or misrepresentation. L could not bring an action for breach of contract. Effect of Signature exception: 1. Misrepresentation. 2. Document does not appear contractual. 1. Cur tis v Chemical Cleaning & Dyeing Co C took a wedding dress to CCD for dry-cleaning. C asked to sign a receipt excluding CCD from damage to buttons & sequins.The receipt contained an exclusion from any liability whatsoever. The dress was returned stained & C sues. CCD tries to rely on the printed & signed receipt. Principle: Misrepresentations create an exception to the signature rule. Exclusion Clause Contract terms which excludes or limits the liability of one party. Where an exclusion clause in a â€Å"non-contractual† (not expected to contain terms of the contract e. g. voucher) a reasonable notice of the clause at that time of contracting will render if enforceable BASE RULE: If the exemption clause is in a signed document, it is binding. 1.Causer v. Browne Printed on a dry cleaning ticket: â€Å"NO RESPONSIBILITY FOR DAMAGE TO ARTICLES â€Å". C handed in frock which was returned damaged. C sues. Principle: The document was non-contractual in nature. A reasonable perso n would not expect to find contractual terms on it. 2. Thornton v Shoe Lane Parking Ltd T parked his car in an automatic car park & received a ticket. Sign at the entrance listed terms of use. One was â€Å"cars parked at owners’ risk†. Ticket referred to the terms of use. BUT notice was small and not conspicuous. T seriously injured when collecting his car & sues car park.Principle: T’s attention was not brought to the specific existence of the clause in a way that could be described as reasonable. Ticket was also issued when T could not revoke his offer. Furthermore, this was T’s first use of the car park. 3. Olley v Marlborough Court Ltd O booked in to hotel & paid for 1 week’s stay in advance. When O got to the room there was a sign on the wall disclaiming liability for loss of personal effects. O’s personal effects were stolen & O sued the hotel for the loss. Principle: A clause that is notified after the contract is formed is not part of the contract. Doctrine of Privity (Topic 7b)A person cannot incur obligations or gain rights under a contract to which they are not a party. Beneficiary can’t sue 1. Tweddle v. Atkinson On engagement, father & father-in-law agree to each pay the future husband ? 100. The father-in-law didn’t pay. Principle: â€Å"†¦ no stranger (to the contract) can take advantage of it, although made for his benefit†. Therefore, he can’t sue his father in law. Execption: Joint Promises 1. Coulls v. Bagots Executor Mr. Coulls made an agreement with O’Neil to quarry Coulls’s property, and to pay the royalty to him and to Mrs. Coulls. Not long after, Mr. Coulls dies.Principle: The contract must have been made with you as well as the other party even though the other party didn’t contribute any consideration, contract still exist. Mrs. C was not a joint promisee. If she is, then she can claim Property Law Act 1969 Where a contract expressly in it s terms purports to confer a benefit directly on a person, who is not named as a party to the contract, the contract Is†¦ Enforceable by that person in his own name but every person named as a party†¦ shall be joined to the action. Must have 2 Conditions: – Has be name beneficiaries in the contract – Join in the legal action 1.Westralian Farmers v. SMP Sale of stock from K to SMP. Contract requires SMP to pay commission to WF. Principle: S. 11 (2) PLA enables WF to sue if K is also named as co-defendant. It is also known as â€Å"joining†. Therefore WF entitled the commission. Termination (Topic 9) a. Discharge by performance Contract can be terminated when obligation (paying, transferring or other act of service etc. ) is performed: as agreed in the contract and within the time agreed. General Rule: Performance must be exact to be effective 1. Cutter v Powell Seaman signs on from Jamaica â€Å"†¦ To the port of Liverpool†¦ † He died a bout 3/4 of the way.The widow wants to claim the ? of his pay. Principle: The performance of a contract must be exact to be effectively discharged. It is an â€Å"entire† contract Exception: a. Where the contract is ‘divisible’ Divisible contract is a contract in where instead of doing for entire contract we can do it divisibly. b. The doctrine of substantial performance Pay full amount but subtract some amount to ratify the service. (Was treated as performed and payment was reduce for work not done) 1. Hoenig v. Isaac Contract is made for redecoration of flat for ? 750. Work was not done satisfactorily and cost ? 55 to repair.Principle: If contract is substantially performed then subtract the cost of fixing it. The contract is performed even it is partially defective. Therefore, ? 750-? 55 b. Discharge by Frustration Frustration = an intervening, dramatic situation rendering performance impossible or radically different from what the parties had in mind. A perso n was required to carry out their contract, no matter what 1. Paradine v. Jane P leased land to J. J was dispossessed by an invading prince. J refused to pay rent. Principle: Parties, who voluntarily enter into contracts, must perform all their obligations irrespective of what happens.They are â€Å"absolutely liable†. Therefore, J must pay the land, even though he is not occupy the land Because there are unfair things happen in Paradine v Jane case, therefore some exception in frustration is applied. It is apply because a. Contract is impossible to perform because of an event b. Nobody’s in the contract are fault c. Note ‘unforeseeable’ here means not provided for in the contract, not ‘impossible’ 1. Taylor v. Caldwell Fire burns down concert hall. The promoter does not have to continue to pay rent Principle: When, without fault of any party. The subject matter of the contract ceases to exist.The contract is discharged by ‘frustrationâ €™. Therefore, no more rent fees. 2. Krell v. Henry Contract was made to hire a flat for 1 day, to view the coronation procession of Edward VII. Coronation postponed. Principal: Where the entire basis of the contract does not occur the contract is discharged by frustration. Therefore, rent is not paid. 3. National carriers v. Panalpina LTD P leased a warehouse from N for 10 years. Road closed for 20 months. P refused to pay rent for those months. Principal: The purpose could still be substantially achieved, performance was not radically different.The contract was not frustrated. Therefore, the rent should be paid. Remedies 3 basic of remedies; 1. Discharge (for material breach) Contracts can be discharged if a breach is material. But – make sure it is actually a breach and not performance or frustration. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 m onths later G rescinds the contract. Principle: the right to rescind not available. Conduct of G amounted to affirming the contract. The contract was enforceable against G by S. MATERIAL: Justifies election to terminate – MINOR: Substantial performance. Does NOT justify termination by the innocent party. 2. Damages (for material or minor breach) Is a monetary compensation for loss caused by the breach. Breach can be: – MATERIAL: Breach of Condition or major breach of innominate term. – MINOR: Breach of Warranty or minor breach of innominate term. Rules of Damages – Must not be too remote. – Are compensatory / quantum, (calculation), of damages. – Must be mitigated. – Can be pre-agreed a) Rule of Remoteness For damages to be recoverable the loss must: a) Arise naturally from the breach {be reasonably foreseeable} – given reasonable current standards†¦ or: (b) Have been contemplated as a probable result of the breach 1. Hadl ey v Baxendale A contract made for the transportation of a crankshaft. It was breached by delay. Mill shut down for longer than expected, production lost. Principle: the mill owner can’t claim the profit on the lost production. Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as might fairly and reasonably be considered either: . arising naturally, that is, according to the usual course of things, from such breach of contract itself, or b. Such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. † Because the carrier did not know the machine was a vital part of the mill, he did not see it as probable that the mill would close down. Therefore he was not liable. 2. Victoria Laundry v. Newman Laundry buys boiler. Delivery required in June. Laund ry begins negotiating for lucrative new dyeing deal.But delivery delayed until November. Deal lost. Principle: ‘type’ of losses must be foreseen as a ‘serious possibility’. Therefore, the laundry can claim lost production, not lost new deal. Quantum of Damages Means the calculation of damages (Main Principle) The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. *Damages compensate for loss suffer 1. Commonwealth v. Amann Aviation Contract was made for coastal surveillance. AA sets up, modifying planes, training staff etc, but wasn’t ready on time to start contract.C terminated, but being a breach of warranty only, C’s termination is not justified – placing C in breach. Principle: The injured party is entitled to be placed in the same position that they would have been in if the contract had been performed†. Therefore, the damages is awarded *Damages can be awarded for loss of a chance 1. Howe v. Teefy Lease of a racehorse for 3 years. Owner takes horse back after 3 months. Principle: Just because losses are â€Å"extremely difficult to quantify† doesn’t mean they won’t be ordered. This is â€Å"Loss of a Chance†. Therefore possible lost prizes can be claimed. Damages can’t be claim from loss of enjoyment or entertainment unless the fruit of the contract say so 2. Baltic v. Dillon Cruise liner sinks. Passenger sues for damages for disappointment & distress. Principle: While such damages are not usually given, this contract is to provide a relaxing holiday. This was the essence of the entire contract i. e. â€Å"†¦ The fruit of the contract is not provided†¦ † Therefore, the passenger can sue for disappointment and distress. *Damages must be mitigated Reasonable steps must be taken to minimise the loss. *Damages can be pre-agreedLiquidated damages arise from the parties agreeme nt to pay stated sum in the event of breach as long as it is a genuine pre-estimate and not a penalty 1. Dunlop Pneumatic Tyre Co Ltd. v New Garage & Motor Co. Ltd. D contracts with N to supply tires provided that N will sell them at D’s preferred price. Contract provides that damages will accrue to D in the amount of ? 5 per tire for each tire sold below D’s price. Principle: The amount stated was a genuine pre-estimate of the loss to D. therefore, the clause is not penalty. Equitable remedies SPECIFIC PERFORMANCE Court order to carry out some act (perform the contract).It is not available in many circumstances. 1. Green v Sommerville G contracts to sell land to S – settlement fails when S has no funds. Later G rents property to S in anticipation of settlement – 6 months later G rescinds the contract. Principle: No two pieces of land are identical. G affirmed the contract & it should be performed as agreed. Damages will not compensate adequately. INJUNCT ION Court order prohibiting some act (breaching the contract). Not available in many circumstances. RESTITUTION â€Å"Quantum meruit† – â€Å"as much as he has earned†. No-one should benefit from â€Å"unjust enrichment†. Not available to a party in breach.

Evidence That Rita’s Open University Course

Using the evidence it could be said that Rita’s Open University course has had a broadly positive effect as the knowledge and experiences she has had are turning her into the type of person she wants to be. *Quotes not in chronological order 1. â€Å"Denny found out I was on the pill again; it was my fault, I left my prescription out. He burnt all me books. † Although this can be argued to have a negative effect I think it can be said to be positive as it has shown Rita what Denys is really like and as a result of this they break up so Rita is free to continue to grow and to learn like she wants too. . â€Å"This tutor came up to me†¦ an' he said, â€Å"Are you fond of Ferlinghetti? † It was right on the tip of me tongue, to say, â€Å"Only when it's served with parmesan cheese†, but, Frank, I didn't! † This demonstrates to the audience that Rita has come a long way from the person she once was. The fact that she says Ferlinghetti ; only his su rname shows how she now has some of the same familiarity as Frank does and that she can call poets by the surname only, as she is at that level of education now.The fact that she didn’t need to make a sarcastic jokey comment about the it being a type of pasta shows that she no longer feels like she has to hide her lack of intelligence as she has now reach a level of education where she feels comfortable discussing poets. 3. â€Å"(She goes and perches on the book shelf)†. This shows that after her time at summer school Rita is now comfortable around books and that sort of environment.She does feel awkward around them and feels at home, at home enough to sit on the bookshelf. This its self is an achievement as when she first came to lessons with Frank she only ever walked over to them but never interacted with the book and bookshelf, as she felt she wasn’t at the right level of education and didn’t feel comfortable doing it. 4. â€Å"(She tosses the book on the desk and perches on the bookshelf)†. When Rita â€Å"tosses the book† we as an audience can clearly see how much Rita has changed. hen Rita first went to Frank for lessons she used to sit and methodically empty out her bag and place her belongings on the desk showing a great care for her educationally belongings and her books as if to her knowledge is a really precious thing to her and that she has to treat it with respect and care as it doesn’t really belong to her. However when she â€Å"tosses the book† it shows that Rita no longer things it doesn’t belong to her as she has embraced education now and has a confidence about it as she just nonchalantly tosses the book on the desk as if it’s not important to her as it used to be.Almost as if she’s ‘been there done that’. 5. â€Å"(She takes off her shawl and gives it to Frank who hangs it on the hook by the door)†. The fact that she is wearing a shawl shows h ow much her life has changed. In the eighties when this was set it was seen to be upper class to wear a shawl and here Rita is wearing one and getting a gentlemen to hang it up instead of slinging it over her chair like she used too with her coat. This is all due to her education so has had a positive impact clearly on the way she now dresses. 6. â€Å"†¦ I asked her why. I said. Why are y’ cryin’, Mother? ’ She said, ‘Because – because we could sing better songs than those. † –Rita has begun to look at her life as an out sider now and she wants to change it she wants more from it. This is partly due to her education, partly due to Frank and partly due to her own desires. She is not happy with her life and is now more motivated than ever to change it and to â€Å"Know everything†. She believes that education is her way out and that it can change her life for the better. 7. â€Å"Come on, let’s go an’ have the tutorial down there. The fact that Rita wants to go â€Å"down there† with all the proper university students shows that she no longer thinks she isn’t good enough and that she can actually fit in there and that it is perfectly plausible for her to have her tutorial down there. 8. â€Å"(Rita burst through the door. She is dressed in new second hand clothes)† & â€Å"(She twirls on the spot to show off her new clothes)†. When Rita returns from summer school in London it’s not the old Rita that returns, it is a whole new Rita with a whole new wardrobe.This shows how much education has had an impact on her life and she is far away from the girl she once was which is exactly what Rita wanted. Education has changed her life. She also has a new air of confidence about her and feels she is now on the same level as Frank as she twirls to show her new clothes because he will be interested. However the fact that they are â€Å"new second hand clothes† shows that no matter how hard she tries she will never fully get rid of her past.