Saturday, April 11, 2020
The Yellow Wallpaper Essays (1421 words) - Mental Illness In Fiction
The Yellow Wallpaper The Yellow Wallpaper by Charlotte Perkins Gilman, is a story told from the first person point of view of a doctor's wife who has nervous condition. The first person standpoint gives the reader access only to the woman's thoughts, and thus, is limited. The limited viewpoint of this story helps the reader to experience a feeling of isolation, just as the wife feels throughout the story. The point of view is also limited in that the story takes places in the present, and as a result the wife has no benefit of hindsight, and is never able to actually see that the men in her life are part of the reason she never gets well. This paper will discuss how Gilman's choice of point of view helps communicate the central theme of the story- that women of the time were viewed as being subordinate to men. Also, the paper will discuss how ignoring oneself and one's desires is self-destructive, as seen throughout the story as the woman's condition worsens while she is in isolation, in the room with th e yellow wallpaper, and her at the same time as her thoughts are being oppressed by her husband and brother. In the story, the narrator is forced to tell her story through a secret correspondence with the reader since her husband forbids her to write and would ?meet [her] with heavy opposition? should he find her doing so (390). The woman's secret correspondence with the reader is yet another example of the limited viewpoint, for no one else is ever around to comment or give their thoughts on what is occurring. The limited perspective the reader sees through her narration plays an essential role in helping the reader understand the theme by showing the woman's place in the world. At the time the story was written, women were looked down upon as being subservient beings compared to men. No matter what a woman did or thought, she was still seen as the lesser of the sexes. Like the narrator, women of that time were directed to suppress their creativity as it threatened the dominating male's sense of control. By having the narrator be forced to write in secret, There comes John, and I must put this away -- he hates to have me write a word, Gilman was able to show that even the simplest things, like wanting to write were forbidden, lest the male approved (392). Prohibited from working and not being able to contribute to the household as a proper wife, the narrator begins to feel helpless: So I? am absolutely forbidden to ?work' until I am well again. Personally, I disagree with their ideas (390). The narrator's husband and brother both exert their own will over hers, forcing her to do what they think is the appropriate behavior for a sick woman. She has been given a schedule[d] prescription for each hour in the day; [John] takes all care from me (391). The way that she is required to act involves practically no exertion of her own free-will. Instead, she is expected to obediently accept the fact that her own ideas are mere fancy, and only the opinions of the men in her life can be trusted. The fact that she is not allowed to think for herself is narrowing the extent of her authority in her life and of her autonomy. With no creative outlet her mind starts to find things upon which to dwell, things that only she can see. Virtually imprisoned in her bedroom, supposedly to allow her to rest and recover, she slowly starts to go insane. Without compassion or an outlet for her creativity, her mind turns inward and focuses on her now increasingly shrinking universe. She has no say in the location or the decor of her room: I don't like our room a bit. . . But John would not hear of it (391). She is not allowed visitors: It is so discouraging not to have any advice and companionship . . . but he says he would as soon put fireworks in my pillow-case as to let me have those stimulating people about now (393). In large part because of this oppression,
Tuesday, March 10, 2020
How much of the emotion in the play comes from the relationship between Raleigh and Stanhope Essays
How much of the emotion in the play comes from the relationship between Raleigh and Stanhope Essays How much of the emotion in the play comes from the relationship between Raleigh and Stanhope Paper How much of the emotion in the play comes from the relationship between Raleigh and Stanhope Paper Essay Topic: Alice in Wonderland Literature Before the war, Raleigh and Stanhope had a strong relationship. Their families were friends, and Stanhope found a love interest in Raleighs sister. We learn that they were good friends when early on in the play Raleigh says to Osborne: Our fathers were friends and Dennis used to come and stay with us in the holidays. Of course, at school I didnt see much of him, but in the holidays we were terrific pals. The last time Raleigh saw Stanhope before the war was when Stanhope won a Military Cross, awarded to him for bravery. Stanhope was giving a talk to his old school, the same school that Raleigh attended. It was after this talk when Raleigh decided to enrol for the war. He pulled strings to get himself into the same company as Stanhope. Raleigh was able to do this because he had an uncle, who was the person in charge of sending different people to different companies. This is why he appears to be so excited about the war, because he is reunited with his close friend and role model Stanhope. He expresses his enthusiasm towards Stanhope when he says: Im awfully glad I got to your company, Stanhope. Stanhope on the other hand is not as enthusiastic towards the war. He has spent three years fighting, and seen many of his men die. He finds that the only way to cope is by drinking whisky. He is not the only other person who has been affected by the war; Sherriff puts this point across by showing what the war has done to the other officers. Osborne blocks out the horrors of the war by reading Alice in Wonderland, a childrens story which just keeps him occupied instead of letting him think about the war. He also engages in meaningless conversations before going to raid. We know this because before he and Raleigh make a dangerous raid he starts talking about pigs, which bear absolute no relevance to the war. At this point Raleigh is still enthusiastic, he just keeps on talking about the war. A group of officers drink champagne after Osborne has died, not out of celebration but to forget about what has just happened to their friend. They drink champagne because it is well known that champagne works quickly on the body. Stanhope drinks yet more alcohol at this point because he starts drinking whisky straight after the champagne. Stanhope is not a bad officer with drinking problems, and the reader knows this. The reader learns that despite his dependence on alcohol, Stanhope is a good officer for in reply to Hardys observation Poor old man. It must be pretty rotten for you, being his second in command, and you such a quiet, sober old thing. Osborne replies, Hes a long way the best company commander weve got. Throughout the play, Stanhopes qualities as a good leader begin to show more and more. We realise that he will not send men to do something that he himself would not do. We also realise that he will not tolerate cowards within his company, as he manages to keep Hibbert in the company, instead of letting him walk away from the war leaving his fellow men to die. At this point he in convincing Hibbert to stay, by telling him: Better die of pain than to be shot for deserting. Despite being a good officer, he is a changed man to what he was before the war began. His father is the vicar of the small town in which he lived. He was known before for how he would not tolerate people drinking alcohol, this is shown when Raleigh talks about how Stanhope to Osborne early on in the play: I remember once at school he caught some chaps in a study with a bottle of whisky He gave them a dozen each with a cricket stump. Now however he himself is a heavy drinker, and this information can get back to his hometown via letters from Raleigh. Therefore Stanhope is scared of being exposed and bringing shame to his family and to the woman he loves (Raleighs sister). Here he expresses his fear to Osborne, about what Raleigh may do: You know hell write and tell her that I reek of whisky all day. This fear of exposure is what is making Stanhope negative towards Raleighs presence. He knows he has a problem and that he will never be accepted back into his town if he is exposed, because the people there will not understand his problems, and that is why he has the sympathy of the audience. He admits his weakness to Osborne by saying: There were only two ways of breaking the strain. One was pretending I was ill and going home; the other was this. (He holds up his glass). Stanhope is so scared of what may be said about him, he actually attempts to censor Raleighs letters home, this only makes the audience more sympathetic because they can see how much he wants to remain a hero in his town, and to his love interest. Raleigh also has the sympathy of the audience, because he has joined the war and in particular this company thinking that it will be an adventure. Instead the reason that persuaded him to come, Stanhope, rejects Raleigh leaving him feeling sad and lonely. The audience can also relate to Raleigh because like him, they have no idea about the ugly things that occur during war. They realise he is vulnerable to all of these things, especially after Osborne dies. Osborne was the one person who Raleigh bonded with, he was fond of Raleigh from the first time they met, he comments, Hes a good-looking youngster. I like him. Stanhopes fear erects a barrier between himself and Raleigh. He does this by constantly rejecting Raleigh, an example is when Stanhope shouts at Raleigh, here he continues building the barrier by telling Raleigh not to refer to him as Dennis and by showing him who is boss: Dont Dennis me! Stanhopes my name! Youre not at school! Go and inspect your rifles! The barrier is made poignant because the audience and Stanhope know that everyone is going to die in the forth-coming raid. The audience learns this when Stanhope orders his men to wire both sides of the trench, allowing no escape an indication that they are going to fight until the last man. The audience may have also realised this because the title of the play is Journeys End showing that the journey of these men will come to an end. It is poignant because the audience know that Raleigh and Stanhope are best friends who will die together and who will not be able to cherish their last few days together because Stanhope is not allowing himself to get too close to Raleigh. The poignancy is increased as Raleigh remains excited at the fact that he has come to spend the rest of the war with Stanhope, little does he know that they will only have three days with each other, and those days will not be as memorable or as well spent as he could hope. It can be seen that Stanhope is actually trying to protect Raleigh but because he is unable he does not get too close to him. This barrier is broken down at the very end of the play, when Raleigh is hit during the attack by the Germans. It is Stanhope who breaks down all of the barriers, the same barriers that Raleigh has been seen trying to remove. They start using each others first names again because it has finally become apparent to Stanhope that Raleigh is dying, and cannot send home any information. Therefore Stanhope is willing to be friends with Raleigh, as he wants them to leave each other on good terms. This is from when Stanhope breaks down the barriers that he initially set: Its quite all right Jimmy. Therefore I can conclude that almost all of the emotion in the play comes from the relationship between Raleigh and Stanhope. The deaths of the other officers seem irrelevant when the play is finished, because of the tragedy, which is Raleighs death. Raleighs death is more tragic than most because he came to have a good time but he was miss-treated until the very end when all was made up, and he was also very young with many ambitions and didnt realise what he was letting himself in for by joining the war. The emotion also comes from the barrier set up by Stanhope because the audience can sense a tragic ending but do not want it to take place.
Saturday, February 22, 2020
Comparative study of two large corporates Essay
Comparative study of two large corporates - Essay Example ciples which trigger corporate finance are the dividend, financing, and investment principles, as well as the goal of company value maximisation which form the main part of the corporate financial hypothesis (Sundaram and Andrew 350-363). Most of the companies are hold by the shareholders and inside the companies are managers, whose primary goal is to increase the wealth of shareholder and also to foster the progress of the share value. Therefore, the objective of company or the financial management is to constantly strive to increase the wealth of shareholder through dynamic and productive efficiency (Alpaslan 41-50). Another goal of financial management is to benefit the society because consumer and employees are part of the society (Ehrhardt and Brigham 10-11). It is the biggest aerospace company of the world and the top manufacturer of military aircraft and commercial jetliners combined. Boeing Company manufactures and designs rotocraft, missiles, defence and electronic system, satellites, as well as launch advanced information and vehicles and also the communications systems. It is a main service supplier to NASA and also a main contractor for Global Space Station (ââ¬Å"About Usâ⬠). It offers various commercial and military airline services. Boeing Company offers support service and products to large group of customers in almost 150 countries. It is also one of the leading U.S. exporters and has a tradition of innovation and aerospace leadership. The company expanded their services and product line in order to meet the rising customer needs. Their wide range of abilities include incorporating military platforms warfighter and the defence system through the network ââ¬âcentric processes; creating more efficient, new members of their airplane family; arranging funding solutions for their customers; and creating highly developed technology solutions which reach across various business units. Having itââ¬â¢s headquarter in Chicago, the company employs over
Thursday, February 6, 2020
Republican vs. democratic views on a problem Essay
Republican vs. democratic views on a problem - Essay Example Democrats generally tend to take a more short-term approach to fixing the economy. When individuals in the nation are hurt by a weakened dollar or other negative environmental events, democrats begin looking toward ways to stabilize the lifestyles of the majority of citizens in the nation. Republicans support the efforts of corporate in the event of economic problems. This support would generally come in the form of business tax breaks and other economic incentives, designed to stabilize the health and wealth of the contemporary businessperson. Adam Smith, a renowned 18th Century economist, believed that strengthening the economic position of companies creates a trickle-down effect through jobs creation and social improvements. Smith further suggested that companies maintain no other responsibility other than to build a profit so that society can reap the benefits of better products. Republicans appear to believe strongly in the theories proposed by Adam Smith, as each time the nation faces an economic struggle, the Republican Party begins searching for new methods to boost the strength of the publicly-traded (Wall Street)
Tuesday, January 28, 2020
Uncovering the Mystery of Capital Review Essay Example for Free
Uncovering the Mystery of Capital Review Essay Nigeria post independence has aimed to develop an economic system in which investment and ownership of the means of production, distribution and exchange of wealth is made and maintained chiefly by private individuals or corporations. Sadly she suffers the same fate most developing countries and former communist nations that trend the same path encounter: Abject Failure. Hernando De Soto in his book; The Mystery of Capital, studies the effect of capitalism in the west and tries to analyse why such a strategy is so successful there, but fails to make an impact every other place it is being introduced, Nigeria inclusive. Capitalism entails among other things foreign investments, stable currencies, transparent banking practices, free trade and also privatisation of state owned industries. However, Hernando describes the major ingredient that is missing in countries trying to adopt capitalism as ââ¬Å"Ability to produce Capitalâ⬠. Capital is a force that raises the productivity of labour and creates the wealth of nations. It is the lifeblood of the capitalist system, the foundation of progress and the one thing that poor countries of the world fail to produce. Nigeria is a typical example of a country with vast potential that has tried and failed to adopt capitalism system of governance and this is due to the fact that she has failed to produce enough capital to propel her growth. Nigeria has adapted all the western inventions that support capitalism system but has failed to set up the necessary structure required to take off the system. In the west, every asset is represented in a property document that is the visible sign of a vast hidden process that connects all these assets to the rest of the economy. Effective documentation of such asset can lead to the becoming source of capital. The west has effectively implemented such a system and as such draw capital out of the assets documented. In America for instance, mortgage on the entrepreneurââ¬â¢s asset is the easiest source of fund. This is due to the fact that the assets are registered and well documented, can be proven to belong to the said entrepreneur, has a documented value that covers the credit amount he needs, and can be sold off legally to recover the credit if it crystallises. The same cannot be said of Nigeria, where assets are poorly registered, documentation outdated and exchange of assets from one owner to another is largely untraceable. Trade within the country is usually focused on local buyers who usually have a long friendship with the property owner and a certain level of comfort in the transaction. Most capitalist nations suffered similar problems before finally perfecting the implementation of the capitalist system. The United States in 1783 had to deal with illegal squatters and settlers who occupied land that legally did not belong to them. This was as a result of no one legal system acceptable in all parts of the country that indicated the various processes that had to be used to legally acquire such lands and document the transaction. Nigeria also suffers similar problems presently as a flaw legal system is implemented and fails to check the various transactions that involve acquisition of assets that can lead to capital generation for the nation. Hernando De Soto analysed that capital is the most essential component of western economic advancement and is also the most neglected by developing including Nigeria. He explained that for any nation to successfully implement capitalism, certain areas of the transition had to be conquered. They are: 1. Mystery of Missing Information 2. Mystery of Capital 3. Mystery of Political Awareness 4. Mystery of Lessons of the West 5. Mystery of the Legal failure Nigeria is a country that suffers from poor record keeping and this has often lead to problems where identification of owners of various asset, verification of addresses, description of assets, and imposition of charges and regulation becomes necessary. Identifying the proper owner of a particular asset becomes a cumbersome problem as records are usually not updated and such assets might have changed ownership more than once in the last couple of years. Cases of illegal acquisitions become common place with complaints being logged in courts and other legal bodies for a resolution of such conflicts. Poor documentation and recording processes often leads to the emergence of an illegal trade that often tends to cripple the conversion of assets into capital. The high demand of the legal system in the country makes it difficult for the average citizen to fulfil all the required criteria under law to acquire such assets. The high fees and charges coupled with the often times prolonged delays encountered before completion of the legal documentation acts as obstacles of legality to citizens, who opt out of such a legal system and prefer to take part in illegal trade transactions that are not documented by the government and as such leads to a loss of potential capital that asset could generate. Such illegal transactions are governed by the laws the trade merchants implement to suit them and not those of the government. Illegal businesses have become the norm in the Nigerian economy. They are not registered or recognized by the government, and this is due to the negligence of the government concerning the importance of having a registration system that will be responsible for keeping details of all businesses that are running in the country and therefore improve the capital generating capacity of such a country. Various sectors of the Nigerian economy have been attacked by such businesses, be it transportation, real estate etc. The conversion of such assets into capital can only be achieved when such black marketers are properly registered and guided by the law of the government. The sectors of the economy that are classified as undercapitalized is a world where ownership of assets is difficult to trace and validate, governed by no legally recognized set of rules. Hernando De Soto states in his book that about 80 percent of the world is undercapitalized. This means that there is mass failure in drawing economic life from their assets to generate capital. People own assets as security and do not have the required know how to convert such assets into capital for their businesses. This leads to such assets categorised as dead capital, as there is no conversion process available to generate the said capital. Capital is responsible for two things, namely; 1. Capturing the physical dimension of assets 2. Generate surplus value Every country requires capital, as that is the part of the country that initiates surplus production and increases productivity of the nation. Every asset requires an external man made process that allows the identity of the potential of the asset and also to convert this potential into capital. The process is setup not to create capital, but to protect the ownership of such property. The west for example creates such wealth from the formal property system which has over the years been streamlined to a credible system, guided by the rule of the government and registered and recognised by the said government. Adam Smith states that the division of labour and subsequent exchange of products in the market was the source of increasing productivity. This was made possible by capital which is the stock of assets accumulated for productive purposes. This accumulated resource was used to support specialised enterprises until they could exchange their products for other things they needed. The more the capital means more specialization and thus, the higher the societyââ¬â¢s productivity. However, assets must be fixed and realised to become active capital and put additional production in motion. Every asset must be registered to a particular person or group of persons to be considered to be productive. This helps to confirm the existence of the said asset as well as the processes required to convert them into capital generating transactions. The introduction of a formal property system is necessary to provide the process, forms and rules that fix assets in a condition that allows the realization of such assets as active capital. These assets have to be described and organised according to their economic values. The record is updated into a recording system and a title for the assets now is given to enable easy identification. This should be guided by a set of legal rules. This describes the creation of a formal property system where capital is born. Nigeria still finds it difficult to identify the owners of certain assets as the recording system is outdated and there is no formal property system being developed. This often leads to lengthy and cumbersome procedures for sale or lease of property. The majority of citizens who are classified as the poor of the economy usually do not have access to the property mechanism that could be used to produce, secure or guarantee greater value in the expanded market as against the lack of entrepreneurial knowledge that the west assumes is the cause of failure of the capitalism system in such countries. Upon examination, it can be drawn that the west cannot paint a broad picture of their formal property system used as a means for generation of capital. This is as a result of the system being hidden in thousands of pieces of legislation, statues, regulations and instructions that govern such a system. This formal property system produces as a side effect various consequences that lead to capital generation. They are: 1. Fixing the economic potential of assets: This is as a result of the proper and effective registration and description of property that help in tracking changes in ownership of such property as well as their value generating capacity. 2. Integrating dispersed information into one system: The development of a single legal system to govern the property system is a necessary control measure used in ensuring up to date records of all registered property in the governmentââ¬â¢s records. 3. Making people accountable: Registration of owners of property meant people no longer are anonymous and could be easily located. This formal system encourages people to respect title, contracts and obey the laid out laws. Failure to adhere to such laws lead to the offence being recorded in the system and this poses a reputation risk with other parties for the defaulting citizen. The unavailability of such laws is the major reason for the inability of citizens to make profitable contracts with strangers; they cannot also get credit facility, insurance and utility services. 4. Making assets fungible: Assets become more accessible and are able to do additional work to generate capital. Registered assets are easily combined, divided, mobilized and used to stimulate business deals. Such assets are able to be fashioned to suit practically any transaction.
Monday, January 20, 2020
Cloning Essay -- essays research papers fc
For the first time the cloning of a whole human being seems really possible. It is absolutely necessary to consider the harm that can be done and move to curb abuses. Also, it is important to understand some of the theory underlying the desire to build a better human. The Ethical Downside of Cloning With recent developments in the cloning of the first whole mammal with Dolly the Sheep, for the first time the cloning a whole human being seems really possible. For years, clones have been the subject of popular fiction, but the technology was lacking. Now the ethics of doing so must be carefully considered. While almost all world health and religious bodies are coming out in opposition to the idea, it must be accepted that someone somewhere will try it. Thus, it is absolutely necessary to consider the harm that can be done and move to curb abuses. What immediately springs to mind for most people with the possibility of cloning whole people is the ideas of creating supermen or a master race which dominated the Nazis. But the theories of eugenics from which they operated were also touted in America and the rest of the Western world. Thus, it is important to understand some of the theory underlying the desire to build a better human. Eugenics is concerned with the social direction of human evolution. A distinction is made between positive and negative eugenics. Positive eugenics aims to increase reproduction of individuals who have traits, such as high intelligence and physical strength or fitness, which are considered to be valuable to society. Negative eugenics seeks to decrease reproduction among people believed to be inferior or below average mentally and physically (Glass). Cloning for better humanity, then, is normally associated with positive eugenics. Overall, since the Nazi experience, eugenics as a movement has been largely discredited, but the ideas still linger and many of the same arguments for cloning humans are used today, but with protests that they are not related to the abuses of the Eugenics proponents of the 1920s and 30s. The goal of eugenics was to create a superior human being, and with this creation, to in time create a superior human race. The First International Congress for Eugenics was held in 1912 in London. Rather than being a fringe movement, it was hailed by a number of luminaries of the day. For example, Charles Darwin's son... ...enal." Wilson Quarterly. 1 Apr 1992. Online. Electric Library. Kluger, Jeffrey, and Thompson, Dick. "Will We Follow the Sheep?" Time. 10 Mar. 1997. Online. Electric Library. Lifton, Robert Jay, and Hackett, Amy. "Nazi Doctors." Anatomy of the Auschwitz Death Camp. Ed. Gutman, Yisrael, and Michael Berenbaum, eds. Bloomington: Indiana University Press, 1994. 301-315. Manning, Anita. "Pressing a 'Right' to Clone Humans Some Gays Foresee Reproduction Option." USA TODAY, 6 Mar. 1997. Online. Electric Library. "Nazi Eugenic Racial Hygiene Also Recognized in America." All Things Considered. Robert Siegel, host. Stefan Kuhl, guest. National Public Radio. 9 Mar. 1994. Sharp, Deborah, and Sharn, Lori. "Big Questions for Humanity." USA TODAY, 25 Feb. 1997. Stolberg, Sheryl. "Reproductive Research Far Outpaces Public Policy." Los Angeles Times, 29 Apr. 1997. Online. Electric Library. Thomasson, Emma. "Germans Press for Ban on Human Cloning." Reuters News Service. 29 Apr. 1997. Online. America Online. "Vatican Calls for Global Ban on Human Cloning." Reuters News Service, 26 Feb. 1997. Online. Electric Library. Cloning Essay -- essays research papers fc For the first time the cloning of a whole human being seems really possible. It is absolutely necessary to consider the harm that can be done and move to curb abuses. Also, it is important to understand some of the theory underlying the desire to build a better human. The Ethical Downside of Cloning With recent developments in the cloning of the first whole mammal with Dolly the Sheep, for the first time the cloning a whole human being seems really possible. For years, clones have been the subject of popular fiction, but the technology was lacking. Now the ethics of doing so must be carefully considered. While almost all world health and religious bodies are coming out in opposition to the idea, it must be accepted that someone somewhere will try it. Thus, it is absolutely necessary to consider the harm that can be done and move to curb abuses. What immediately springs to mind for most people with the possibility of cloning whole people is the ideas of creating supermen or a master race which dominated the Nazis. But the theories of eugenics from which they operated were also touted in America and the rest of the Western world. Thus, it is important to understand some of the theory underlying the desire to build a better human. Eugenics is concerned with the social direction of human evolution. A distinction is made between positive and negative eugenics. Positive eugenics aims to increase reproduction of individuals who have traits, such as high intelligence and physical strength or fitness, which are considered to be valuable to society. Negative eugenics seeks to decrease reproduction among people believed to be inferior or below average mentally and physically (Glass). Cloning for better humanity, then, is normally associated with positive eugenics. Overall, since the Nazi experience, eugenics as a movement has been largely discredited, but the ideas still linger and many of the same arguments for cloning humans are used today, but with protests that they are not related to the abuses of the Eugenics proponents of the 1920s and 30s. The goal of eugenics was to create a superior human being, and with this creation, to in time create a superior human race. The First International Congress for Eugenics was held in 1912 in London. Rather than being a fringe movement, it was hailed by a number of luminaries of the day. For example, Charles Darwin's son... ...enal." Wilson Quarterly. 1 Apr 1992. Online. Electric Library. Kluger, Jeffrey, and Thompson, Dick. "Will We Follow the Sheep?" Time. 10 Mar. 1997. Online. Electric Library. Lifton, Robert Jay, and Hackett, Amy. "Nazi Doctors." Anatomy of the Auschwitz Death Camp. Ed. Gutman, Yisrael, and Michael Berenbaum, eds. Bloomington: Indiana University Press, 1994. 301-315. Manning, Anita. "Pressing a 'Right' to Clone Humans Some Gays Foresee Reproduction Option." USA TODAY, 6 Mar. 1997. Online. Electric Library. "Nazi Eugenic Racial Hygiene Also Recognized in America." All Things Considered. Robert Siegel, host. Stefan Kuhl, guest. National Public Radio. 9 Mar. 1994. Sharp, Deborah, and Sharn, Lori. "Big Questions for Humanity." USA TODAY, 25 Feb. 1997. Stolberg, Sheryl. "Reproductive Research Far Outpaces Public Policy." Los Angeles Times, 29 Apr. 1997. Online. Electric Library. Thomasson, Emma. "Germans Press for Ban on Human Cloning." Reuters News Service. 29 Apr. 1997. Online. America Online. "Vatican Calls for Global Ban on Human Cloning." Reuters News Service, 26 Feb. 1997. Online. Electric Library.
Sunday, January 12, 2020
Cases Research
* Masters v Cameron (1954) * Estate agent retained by Cameron drew up a sale note for the sale of Cameronââ¬â¢s property to Masters. * Cameronââ¬â¢s insistence included in the sale note a clause. * Agreement made subject to the preparation of a formal contract of sale, which shall be acceptable to solicitors on the above terms and conditions. * Both parties signed the sale note. * Masters paid a deposit. * Masters did not signed the contract prepared by Cameronââ¬â¢s solicitors as Master experienced difficulties arranging necessary finance and wished to withdraw the purchase. Cameron wished to proceed the sale. * The court have to decide whether the parties were contractually bound by the sale note(which has been signed by both of them) or whether they would only have formed a binding contract by Cameronââ¬â¢s solicitors(which could not apply, since Masters did not signed. * Souter v Shyamba Pty Ltd (2003) * Shyamba owned land at Merimbula, NSW on which it operated a hote l and motel. * 8 October 2001, Souter wrote to Shyamba enquiring whether the property was for sale and one Bennett, a director of Shyamba, telephoned Souter and told him that the price was $3 million. Negotiations at lower figures failed. * Fresh negotiations in March and April 2002 resulted a signed document by Souter and by Bennett and one Mirabito on behalf of Shyamba. * The document provided that ââ¬Å"This sale will become unconditional upon the purchaser paying the amount of $1,000 into the vendorââ¬â¢s bank account. The purchaser agrees to pay a further $299,000 to the vendorââ¬â¢s solicitor upon exchange of contracts, not later than 16 June 2002 and the balance ($2,700,00) at settlement 1 July 2002. On 1 May 2002, Souter paid $1,000 unto the vendorââ¬â¢s bank account and Shyamba instructed its solicitors to prepare formal agreements. * On 31 May 2002, Bennett wrote to Souter, stating that the sale had ââ¬Å"hit a hurdle in the form of a huge Gazzumptâ⬠. * Ben nett Stated that he had been informed that the agreement of 1 May did not bind the purchaser and could not therefore bind Shyamba as vendor. * Souter sued for specific performance of the agreement dated 1 May 2002. The court held that the document dated 1 May 2002 did not constitute the binding contract and made an order for specific performance. * The judge held that the decisive issue is always the intention of the parties, which must be objectively ascertained from the terms of the document when read in the light of the surrounding circumstances. * If the terms of the document indicate that the parties intended to be bound immediately, effect must be given to that intention irrespective of the subject matter, magnitude or complexity of the transaction. * The judge itemised the reasons for his finding that the document had the effect of a contract. * Instrument 7020202154 v Ormlie Trading Pty Ltd * The court held that the parties had no intention of entering into a binding contrac t of sale despite reaching agreement on the essential terms. * In both the letter of offer and in the letter of acceptance of the offer the words ââ¬Å"in principleâ⬠were used. * The word ââ¬Å"in principleâ⬠used was indicated and unqualified acceptance by the offeree of the offer. Teviot Downs Estate Pty Ltd & Anor v MTAA Superannuation Fund (Flagstone Creek and Spring Mountain Park) Property Pty Ltd * Alleged agreement made on 29 August 2003 for the sale of land of Spring Mountain Estate, Beaudesert in Queensland for $11m. * Teviot sent a letter of offer to the defendant on 22 August 2003 and a response accepting the offer was sent on 29 August. * Deposit of $1. 1 million was paid. * 3 October 2003, the firstnamed plantiff wrote to the defendant saying that its due diligence enquiries had been satisfactorily completed and that the contract was unconditional. On the same day, defendant wrote to Tevoit saying that its Trustee did not approve of the sale. * The Supreme Court of Queensland has to decide whether the exchange of correspondence (the letter of offer of 22 August and the letter of acceptance of 29 August) constituted a legally enforceable agreement (as the defendant contended). * The court observed that the case suggest that there is no binding contract unless and until formal contact documents are signed and exchanged. * Tinn v Hoffman and CO (1873) Two offers, identical in terms, cross in the post, there will be no contract as neither can be construed as an acceptance of the other, even though there is a meeting of the minds. * Patterson v Dolman (1908) * The offer may be construed by the court as being accepted by a number of persons and the offeror will be bound to each and every person who accept. * The contract is only able to be performed with one party, the offeror may be liable in damages for breach of contract to the others who accepted the offer. Felthouse v Bindley (1862) * An uncle and his nephew had conversation about the possible sale of the nephewââ¬â¢s horse to the uncle, but there had been some confusion about the price. * The uncle subsequently wrote to nephew, offering to pay $30 and 15 shillings and saying, ââ¬ËIf I hear no more about him, I consider the horse mine at that price. * The nephew was on the point of selling off some of his property in an auction. He did not reply the uncleââ¬â¢s letter, but did tell the auctioneer to keep the horse out of the sale. The auctioneer forgot to do this and the horse was sold. * The court felt that the nephewââ¬â¢s conduct in trying to keep the horse out of the sale did not necessarily imply that he intended to accept his uncle offer. * The nephew actually wrote afterwards to apologise for the mistake and so it was not clear that his silence in response to the offer was intend to sell but there are many situations in which it would be undesirable and confusing for silence to amount to acceptance.
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