Saturday, February 22, 2020

Scope and effect of sale of goods act Essay Example | Topics and Well Written Essays - 1000 words

Scope and effect of sale of goods act - Essay Example The passing of property from the seller to buyer gained significance in the context of the buyer placing an order with the seller and then becoming insolvent. Had the product ordered for by the buyer already been shipped there arose a discrepancy in regard to the rights of the seller since he would unwillingly provide credit. The act clearly states that until all of the terms of the contract of the sale of goods, mainly the payment for the product, are met by the buyer, the seller has the right of disposal over the product. The clause â€Å"notwithstanding the delivery of the goods to the buyer† (Sales of Goods Act 1979, s19 (1)) gives a right to the seller to claim possession of the goods in question if the buyer has not fulfilled the terms of the contract. This clause is unlike those of international contracts which make property pass effective at a particular physical point or time such as during payment or at the loading port of ships (Ziegler, 139). (b) The rights of an u npaid seller against the buyer The rights of an unpaid seller are treated in section 19 of the act by allowing the seller, the title of retention of the goods to be sold to the buyer unless all the terms of the contract for the sale of the goods is fulfilled by the buyer. The rights of an insolvent or bankrupt buyer are superseded by the title of retention clause of the act whereby the seller has the right to repossess the goods even in case it has already been shipped to the buyer. ... In such cases, it is argued that it would upset the administration of the buyer’s business and hence the seller must not be given the right to disposal (Tomasic, 199). 2. Romalpa Clause Aluminium Industrie Vaassen BV v Romalpa Aluminium Ltd Section 19 of the Act clearly states the rights of the unpaid seller; however a unique situation arose in 1974 when a Dutch manufacturer, Aluminium Industrie Vaassen BV brought out an action against an English company, Romalpa Aluminium Ltd. The plaintiffs claimed that they were entitled to the aluminium foil that was at the premises of the defendant since they had not paid for the goods and to the proceeds of the foil that had been sold to third parties by the defendant. The contract made between the plaintiff and the defendant reiterated the right of the seller over the goods until payment was made by the buyer, it also did not provide any stated power to the defendant to sell the foil; however it was agreed by both the parties subsequent ly that the defendant had an implied power to sell the foil. This agreement did not help either of the parties by any margin. While the defendant argued that it had sold the foil on its own account and was not an agent of the plaintiff’s, the plaintiff on the other hand chose to exercise the right of the seller as put forward by the Sales of Goods Act. . The case had become complex on two accounts: a part of the foil delivered to the defendant had been sub sold and this foil that was sub sold was in the same form as that delivered to the defendant. The court had to decide whether the defendant was acting merely as an agent of the plaintiff while sub selling the foil or if the

Thursday, February 6, 2020

List of Individual Rights Research Paper Example | Topics and Well Written Essays - 1250 words

List of Individual Rights - Research Paper Example The English Bill declares that choosing the members of parliament should be unrestricted. As such, limits on speeches in parliamentary debates like other bills. The English Bill of Rights is a manuscript that has a great significance in the English history. It is also a very vital chapter of the rights to those subjects under the English Law. The bill had some dissimilarity with US Bill of rights. The dissimilarities arose due to the difference in the process of enacting and undoing the bill (Vile, 2003). Unlike the US Bill of Rights, the English Bill of Rights could be enacted and undone by the statues. The US Bill of Rights could be enacted and undone by the constitutional amendment. Additionally, unlike the other Bills, which refer to the amendments in constitutions, the English one describes the rights for the individuals to petition the King (Vile, 2003). â€Å"The US Bills of Rights 1789† In 1989, the Congress in the US received 17 amendments of which ten were accepted a nd integrated into the constitutions. The ten integrated were named the Bill of Rights. The US Bills of Rights is similar to other bills like the English Bills of Rights. Some of the amendments in the US especially from amendment one to six have similar elements as those in the English Bill of Rights. Unlike the US Bills of Rights, the other bills of rights are more expansive. ... is a global customary law that describes the understanding of the inviolable rights of individuals like the US and the English Bill of rights (Horvits & Catherwood, 2006). The document by the General Assembly has some similarities with the other bill of rights especially the US Bills of Rights. This is because it was adopted based on the US Bills of rights. Additionally, like other Bills of Rights it consists of a list of the rights of persons from their private lives to their participation in the society (Horvits &Catherwood, 2006). The Universal Declaration of Human Rights 1948 is different from the US Bill of Rights and the English Bill of Rights since it is applicable globally. The others are only application to the states in which they were amended but not other countries. Additionally, it describes the responsibilities of the international community members (Horvits &Catherwood, 2006). Philosophical underpinnings The creators of the lawful system in the countries gave individua ls in the states the ideas used in developing the state particularly those who are within the Declaration of Independence and the constitution (Whitehead, 2008). In the Declaration of Independence, the words like life, autonomy, and contentment are very common. In the Bills of Rights, happiness is connected to material success and individuals are happy after owning property. In the present America, individuals love material things and the philosophical underpinnings related to the right to possess property are found in the books written by philosophers like John Locke (Whitehead, 2008). In his book, John Locke showed that individuals correspond with the Natures’ harmony. According to the philosopher, God made man and man’s mind; hence, it is possible for man to make his mind to be in

Tuesday, January 28, 2020

Water Conservation Essay Example for Free

Water Conservation Essay Will there be enough water for a more crowded world? The adult human uses on average about 100 gallons of water a day. Only about 2.5% of earth’s water is fresh and only 1% is actually attainable for usage. The available water on earth has not changed. The same water we have today has been recycled for millions of years, we are not gaining any more. The time to do something is now. In this essay I would like to remark on the past, present, and future of water conservation. We use much more water today than we ever did in the past. With new technologies and fashions, we use more and more water every year. Not only do we have luxuries that we didn’t have a hundred years ago, our world population has more than tripled since then. Yet our supply of water is not changing. Water has gone through the same replenishing cycle since our world began, and we are using more then ever. Now is the time to make sure we conserve. We have an obligation to our future. With world population growing at the rate it is, we must take precautions that those ahead of us don’t suffer because of our negligence. Water is life; the number one necessity for survival. Not only must we conserve now to prevent future problems, we need to teach the coming generations the importance of our water, that they in turn can make sure nothing will ever happen to bring about disaster in the form of water shortage. As we can see, water conservation is a much larger issue now than it ever was in the past. What we do now makes a difference. We must do all we can to make sure our future is safe. Water conservation is a practice in which people, companies, and governments attempt to reduce their water usage. The goal of water conservation may be to address an ongoing water shortage, or to make lifestyle modifications to be more environmentally friendly. In the late 20th century, water emerged as a major issue, especially in the developing world, where many people lack access to safe drinking water, and the issue of water conservation began to attract a great deal of attention. One of the most obvious reasons to practice water conservation is in a situation where water supplies are limited. An ongoing drought can restrict supply, as can a change in water policy, especially in an area where people are dependent on water from other places. Desert regions, for example, rely on water which is shipped, trucked, or moved through aqueducts, so distant policy decisions can directly impact the amount of water which can be accessed in these areas. Water conservation may also be practiced in response to rising water prices. The cost of water is usually contingent on how easy it is to access, how far it must be transported to reach the end consumer, and how much it needs to be processed in order to be rendered safe. Water treatment can get extremely expensive, causing water prices to rise, and water prices also grow when water supplies are tight. From an economic standpoint, water conservation keeps water bills down to a manageable level, and it frees up water for other uses. Some people encourage the practice of water conservation because they would like to promote the sustainable use of water. While water is a renewable resource in a sense, every time fresh potable water is used, it takes a long time for that water to re-enter the water supply, as it may become contaminated by chemicals, bio hazardous materials, and so forth, requiring extensive cleanup before it can be re-used. Using water for things like gardens, car washing, and industrial production may be frowned upon in some communities where people would prefer to reduce the overall amount of water they use so that clean water will be available to future generations and other regions of the world. A water conservation order may be issued to oblige citizens to conserve water in some communities. Conservation orders are often issued when water supplies are low, and officials are worried about running out. They may also be used to mandate water conservation for environmental reasons. Typically, water conservation orders restrict water use by setting rules about how and when water can be used.

Monday, January 20, 2020

The Crucible by Arthur Miller Essay -- The Crucible Arthur Miller Essa

The Crucible by Arthur Miller Arthur Miller was an American playwright who was born in 1915. He grew up in New York to a Jewish family. He graduated from the University of Michigan in 1938 where he began to distinguish himself as a playwright. His first plays were Honors at Dawn (1936) and No Villain (1937) which won the University of Michigan Hopwood Awards. His Death of a Salesman won the Pulitzer prize in 1949. Miller wrote The Crucible in 1953 during the McCarthy period when Americans were accusing each other of Pro-Communist beliefs. Many of Miller’s friends were being attacked as communists and in 1956, Miller himself was brought before the House of Un-American Activities Committee where he was found guilty of beliefs in communism. The verdict was reversed in 1957 in an appeals court. Miller married Marylin Monroe in 1956 but divorced her in 1961. The Crucible is set against the backdrop of the mad witch hunts of the Salem witch trials in the late 17th century. It is about a town, after accusations from a few girls, which begins a mad hunt for witches that did not exist. Many townspeople were hanged on charges of witchcraft. Miller brings out the absurdity of the incident with the theme of truth and righteousness. The theme is conveyed through the struggles of Miller’s main character, John Proctor. Summary Act one begins with Reverend Parris praying over her daughter, Betty Parris, who lies unconscious on her bed. Through conversations between Reverend Parris and his niece Abigail Williams, and between several girls, the audience learns that these girls, including Abigail and Betty, were engaged in occultic activities in the forest lead by Tituba, Parris’ slave from Barbados. Parris caug... ... became more pure than the common Puritans, dying as a martyr like the original apostles. He learned what truth meant through his suffering. Through Proctor’s struggle, Miller displays the struggles within each of our own hearts. Many times we have witnessed some wrong happening to some other person and wished not to get involved. However, sometimes, like Proctor, there might be something that forces us in. Would we be quit after only saving our wife like Proctor could have done, or would we go for the entire community as Proctor did? Conclusion The story reminds its readers of an ugly blemish on human history. It reminds us that man is not perfect, and that we can make mistakes. However, even with these mistakes, we can cleanse ourselves and purify ourselves by making what is wrong right. The sufferings become to the sufferer like a crucible.

Sunday, January 12, 2020

Cultural experience Essay

In preparation for this reflection, I began by thinking about what cultural event I would most like to attend, what would work for the assignment and what would also benefit me in my personal life by actually forcing me out of my comfort zone to experience things I never have before. Because Christianity is such a huge part of my life I immediately thought I would want to do something based on another religion since I’ve never really gone out of my religious comfort zone, but for this assignment I chose to go to a gay bar. The reason I chose to do this was because I have been raised as a Christian, I grew up in a very conservative town and while I support gay rights being around gay people is still something that is foreign and a little bit uncomfortable for me. My roommate also chose to use going to the gay bar for an assignment for her human sexuality class, so while knowing that I would have my roommate going with me made me a little bit more comfortable I still knew that t his would be something that pushed me way out of my comfort zone. We both live in Elkhart, Indiana so while we were home for spring break a gay friend of my roommates offered to take us to a club called â€Å"Metro† which is an 18 plus gay bar located in Kalamazoo, Michigan which is about 45 minutes away. Before going to the gay bar I was so nervous. As mentioned before, while I support gay rights I have not necessarily ever been exposed to them and I wasn’t sure at all what to expect. The bar that we went too isn’t strictly a gay bar so there would most likely be other straight people there but I had no idea how exactly to prepare myself for the situation. Because we were going with my roommate’s friend, who is gay, I knew I would feel a little more comfortable since we weren’t just walking in completely unprepared. I was worried what people would think of me when I went, if they would assume that I was gay. I didn’t know if it was normal for gay’s to take straight  friends with them, I was worried about how people would judge me. As I began to get ready for the night I wasn’t really too worried about what to wear, I just wore something that I would normally wear to go out but mentally I was less prepared than ever. I had no idea how I was supposed to act, what if it was awkward once I got there. Before we went my roommate and I met up with her gay friend and several of his friends. His friend group contained a mix of both gay and straight men and women who would be going to the bar with us so I immediately felt more comfortable, knowing that I wouldn’t be the only straight one other than my roommate. I expected the ride there to be awkward, considering I didn’t know anyone other than my roommate and she didn’t know anyone other than the one guy and me, but instead they were all so friendly and told us not to be nervous. Because we were going on a Saturday night they explained to us that there would probably be more gay’s there than the other nights of the week/weekend but that didn’t mean they would assume we were gay, and people were usually pretty good about asking before they hit on you. After the 45 minute drive there we finally arrived and walked in. As we walked in a realized that it wasn’t any different than any other bar would be (not that I’ve been in that many since I’m only 19) full of people, d ancing, music and drinking. The inside of the building was pretty big and there was plenty of room. Almost everybody there was dancing. The people we came with were all over 21 so they all went and got drinks while my roommate and I just hung out. It was a little overwhelming at first. There were definitely a lot of gay people around, dancing together, standing at the bar flirting, and just hanging out with groups of people. Eventually we started to loosen up a little bit, while I didn’t really talk and get to know a lot of gay people I was complimented by a lot of them. During our time there we pretty much just hung out and danced in the group that we came with. A few of the people that we came with went off and danced with other people, but because I still felt a little uncomfortable and awkward we didn’t really venture to far apart from our group and go dance with anyone else or anything. I think it would have a been a very different experience if we had gone when w e were 21 and could drink at the bar, I think it would have changed the experience a little bit. We arrived at the bar at a little bit after 10 which is when the dance floor opened and stayed until around 1 in the morning. Examine The part of this experience that was the most compelling to me was almost the sense of community that I felt was just there between the gay community. Like there were a lot of groups of people there that night that didn’t even know each other, but you would never guess that by the way they acted like they had been friends for years. Even towards me and my roommate who they didn’t know, was just some straight stranger walking in and â€Å"observing† them they were so nice and accepting. They were willing to let us into their environment, knowing that we were not a part of it and I felt no judgment or anything. My fears that I had felt earlier in the day before going were put to rest, while some people were unusually friendly to me no girls really tried to hit on me, which was really relieving. As mentioned above, the most shocking thing I noticed was the community, or the way they socialized with and accepted themselves and each other. I think that at the roots of everything its amazing how well they have a grasp on who they are, and who they want others to see them. Because being gay is looked down upon in many parts of our society that makes them part of an oppressed group. Not only are gay’s an oppressed group but I also saw varying degrees of sexism. Because the gay community also includes transgender people as well. This forced me to think past my original understanding of gender. On page 318 of the book it talks about how gender is a social construct, meaning that gender is something that society defines which was really different when you read about it and see it in person. In person seeing someone who doesn’t associate with the â€Å"gender† they are born with is something that you don’t really understand until you experience it in person. Articulate Learning By attending this event I learned a lot more about the gay community than I could ever learn from a textbook. They really are a very close knit community. Their community is a lot different than what we observe in our day to day life. In normal everyday life when we see members of the gay community on the street they are treated differently, they are looked out as outcasts and they are oppressed but seeing them in this environment gave me an entirely differently outlook on them and made me respect them a lot more. The reason this matters is because I am certain that there are other people just like me who feel uncomfortable, uneasy and unsure around people that they haven’t really been around before. Because of the way I was raised I was taught to believe being gay was wrong, so I was never really around them very often so I was unexposed and uneducated about them entirely. I think it was really good for me to experience this because it made me realize that they really aren’t that different than everyone else. The most important thing I took away from this experience was that contrary to what I personally have been taught to believe, what society has forced us to think they are not horrible awful people. They are people just like me who have been oppressed and faced many challenges to get to where they’re at now and they still don’t receive the respect and benefits that they deserve in our country. I took away that it is important for me to for that very reason it is important for me to form my own beliefs and not just go off of what everyone around me has told me. References Adams, M. (2007). Introduction. In Adams M., Blumenfeld W.J., Castaà ±eda C.R., Hackman H.W., Peters M.L., & Zà ºÃƒ ±iga X., Readings for Diversity and Social Justice. New York: Routledge.

Saturday, January 4, 2020

Public Policy Is An Objective Oriented Action Plan

Public policy is an objective-oriented action plan that the government pursues in handling various problems facing the country. The design and application of public policy in the country derives its rationale from the laws. Despite this feature, individuals that are not legislators often set public policy. The government agencies, individuals, and groups that fail to comply with public policies are subject to legal penalties. The power of formulating public policy incorporates division between vast arrays of entities. Defense policy serves as an excellent example in this context. For instance, following the Japanese attacks on Pearl Harbor, the president conducted a joint session of Congress to seek the declaration of war. This process,†¦show more content†¦At the other end of this continuum, the setting of public policies to dictate all the actions of individuals would result in producing a society based on extreme order. In both contexts, the option of enjoying the existin g order or liberty to full extent is impossible without the attainment of adequate balance. At the extreme points, the scope or number of public policies can play an important role in the maximization of order and liberty. This perspective leads to the alternate description of the public policy. Public policy refers to the procedures through which the political establishment balances the need for creating a structured environment and provisions of freedom. Within such an environment, the political establishment can provide mechanisms through which to enjoy the freedoms in a meaningful manner. These policies are developed in order to act as checks for the role of government towards its citizens. The waging of debates relating to social policy usually occurs on two fundamental levels. The big picture perspective encompasses the philosophical and practical implementation levels. From a philosophical standpoint, people may highlight differences in their support for the inaction or actio n of the government in relation to the priority they place order, liberty or democracy. The opposing views that characterize this scenario have deep roots as well as considerable implications for the ways politicians and

Friday, December 27, 2019

Killer Angels Essay - 714 Words

Killer Angels The pain, joy, bloodshed, death, and sorrow of the Civil War are all contained in the book called, The Killer Angels. This book will show you the thoughts, feelings and actions of many of the leaders of both armies. By reading this book you will get an in depth view of the bloodiest days of the Civil War. Even if you know absolutely nothing about this war, you can still read and understand everything that is portrayed. This story not only gives you the view of many of the major leaders, but it also gives you the maps an strategies used in this war. It also shows you the conflicts in making these strategies. This book has inspired many, but the true question is will it inspire you? Reading this book will cause†¦show more content†¦Those details keep the reader in the game, so to speak. Another one of the authors man ideas is using the leaders in separate points of view. In every chapter there was a different leader and his point of view. This showed how everyone felt about each battle or occurrence. The author did not attempt to sway the reader to one army or the other. He let the reader choose whose side he or she was on. Michael Shaara does not ever describe army or the other as the bad guys or the good guys. The strategies and tactics used during this war were described in detail. The more important thing described, however, is not the actual strategy, but who made these strategies and what the other leaders thought of them. When General Lee decided to attack the enemy head on instead of going around them, not everyone agreed with the plan. Longstreet, for one, thought that they should have gone around the enemy and hit them from the back. These conflicts were great to see because it showed that everything was not going in perfect unison. It showed that these strategies we not always etched in stone. These plans had the potential to be changed many times. No successful strategy has gone uncontested and unchanged. All of the things that were said and done in the book are all at least somewhat true. Although, many of theShow MoreRelatedEssay On Killer Angels1776 Words   |  8 PagesKiller Angels is a 1974 historical novel by Michael Shaara. The book tells the story of the Battle of Gettysburg in the American Civil War. The novel is told through the voices of both Union army and Confederate Army of Northern Virginia leaders who were in battle there. The novel is laid out in days and each new chapter for the day gives a number and the name of the man who is the focus of the chapter. In Killer Angels, the Army of Northern Virginia’s demise is highlighted by a few different featuresRead More Killer Angels Essay2541 Words   |  11 Pages The Killer Angels The Battle of Gettysburg brought the dueling North and South together to the small town of Gettysburg and on the threshold of splitting the Union. 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All the characters in this book are basedRead MoreThe Killer Angels By Michael Shaara1061 Words   |  5 PagesThe Killer Angels is a novel written by Michael Shaara which tells the story of the four day battle of Gettysburg from June 30 and ended July 3, 1863.There were two armies in the novel the Union and the Confederate soliders who eneded up fighting in a town called Gettysburg located in Pennsylvania. In the novel, there are four major characters who were all Generals, General Lee, General Longstreet, General Pickett, and Colonel Chamberlain.The main cause of the war was the confederate wanting to splitRead MoreThe Killer Angels By Michael Shaara1117 Words   |  5 Pages Michael Shaara’s 1974 historical novel, The Killer Angels, covers the story of the four days of the Battle of Gettysburg that also features maps for visualization. The format of the story is well organized. It begins with a Foreword, which describes in great detail the armies and soldiers involved in the battle. It follows up with four sections and within each section there are chapters that are written in chronological order, covering the events between Monday, June 29, 1863 and Friday, July 3Read MoreThe Killer Angels By Michael Shaara1947 Words   |  8 Pagesthe dueling North and South together to the small town of Gettysburg and on the threshold of splitting the Union. Gettysburg was as close as the United States got to Armageddon and The Killer Angels gives this full day-to-day account of the battle that shaped America’s future. Michael Shaara author of â€Å"The Killer Angels,† tells the story of the Battle of Gettysburg through the eyes of generals Robe rt E. Lee, Joshua Chamberlain, James Longstreet, and John Buford, and the other men involved in the actionRead MoreThe Killer Angels By Michael Shaara1123 Words   |  5 PagesThe Killer Angels Novel written by Michael Shaara describes the Gettysburg battle from the perspective of Robert E. Lee, James Longstreet, various soldiers from both sides, and other men who fought in the battle. This author makes the reader go back in time and actually makes the reader depict the circumstances, and situations that soldiers and generals faced. This Novel makes the reader know that both sides were eager to win, and bring this bloodshed to an end. This amazing Novel shows how neighbor